Management of CPWD vs Bhori Lal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
PRATHIBA M.SINGH
Management of CPWD – Appellant
Versus
Bhori Lal – Respondent

Table of Content
1. challenge to gratuity act applicability due to delay. (Para 2)
2. arguments on delay, applicability of gratuity act, and evidence of employment. (Para 3)
3. jurisdictional issues regarding gratuity act need adjudication. (Para 4 , 5 , 6)
4. appeal remanded for adjudication with costs directed. (Para 7 , 8 , 9 , 10 , 11)

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

2. The present writ challenges the impugned order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter "Gratuity Act") dated 23rd February, 2021 in Gratuity Appeal No. 36(08)/2021 P.A.DYV. The said appeal was dismissed on the ground of delay as being beyond limitation in terms of Section 7(7) of the Gratuity Act. The original impugned order by the Controlling Authority, bearing No. ALC II 36(25)/2016 dated 25th August, 2020, awarded a sum of Rs.2,38,430/- along with simple interest at 10% to the Workman, from the exact date of retirement of the Workman till the date the amount of gratuity actually paid.

3. The submissions of Ms. Sarika Singh, ld. Co