JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CM APPL. 47156/2022 (Exemptions)

Exemption is allowed subject to all just exceptions.

W.P.(C) 15230/2022

1. The present writ petition has been filed challenging the order dated 9th December, 2021 passed by the learned Controlling Authority under the Payment of Gratuity Act, 1972 vide which the claim application of respondent No.1 has been allowed and petitioner has been directed to pay Rs.75,835/- as balance gratuity amount along with simple interest @10% per annum from the date of superannuation of workman i.e. 31st July, 2019.

2. Learned counsel for the petitioner submits that the learned Controlling Authority has fallen into an error by making the order for payment of gratuity even for the period when the respondent workman was only on a muster roll. Learned counsel for the petitioner further submits that the matter could not be challenged before the Appellate Authority within the period of limitation. It has been further submitted that the Appellate Authority is not empowered to condone the delay beyond the total period of 120 days from the date of receipt of the order.

3. Issue notice.

4. Mr. Manoj Joshi learned counsel accepts n