JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CM APPL. 47864/2022, CM APPL. 47865/2022 CM APPL. 47866/2022

CM APPL. 47867/2022 (exemptions)

Exemptions allowed subject to all just exceptions.

W.P.(C) 15402/2022 & CM APPL.47863/2022 (stay)

1. The present writ petition has been filed challenging the order dated 06th 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.2,28,173/- with simple interest @ 10% per annum in favour of respondent No.1.

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, A