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IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA
Public Works Department – Appellant
Versus
Malti Devi – Respondent
JUDGMENT :
GIRISH KATHPALIA, J.
1. The legal and factual matrix in the captioned petitions being the same, the petitions are taken up together for disposal. By way of these petitions, brought under Article 226 of the Constitution of India, orders dated 29.07.2024 passed by the Appellate Authority under Section 7(7) of the Payment of Gratuity Act have been assailed. By way of the impugned orders dated 29.07.2024, the appeals filed by the petitioner under Section 7(7) of the Act were dismissed on two grounds viz. bar of limitation and failure to deposit the awarded amount. Having heard learned counsel for petitioner at length, I am unable to find it a fit case to even issue notice.
2. Briefly stated, the circumstances leading to these petitions are as follows. Vide orders dated 06.03.2023, the Controlling Authority under the Payment of Gratuity Act allowed the claim applications filed by the present respondents. The petitioner filed appeals dated 14.05.2024, received in the appellate authority on 04.07.2024. The appeals being clearly time barred, the learned Appellate Authority examined the issue of limitation in detail. The only explanation for delay in filing those appeals was the tim
The Appellate Authority under the Payment of Gratuity Act cannot condone delays beyond 120 days for filing appeals, and strict compliance with deposit requirements is mandatory.
Appellate authority under the Payment of Gratuity Act has no jurisdiction to entertain appeals filed beyond the statutory 120-day limit from the receipt of the order, and sufficient cause does not ex....
The court determined that jurisdictional issues regarding the Controlling Authority should be resolved by the Appellate Authority, allowing the appeal despite delays.
The court upheld the right to appeal against the Controlling Authority's decision on gratuity and allowed the delay in filing, while staying recovery proceedings until the appeal is resolved.
A department may appeal against a gratuity claim decision if filed within a specified period, and the appellate authority's delay condonation is limited by statute.
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