JUDGMENT

1. The instant writ petition has been filed for quashing of order dated 20-03-2019 passed in a gratuity claim filed on 31-08-2017 by the private Respondent no. 3 (Original Applicant in the claim application), against the petitioner company, whereby, the Controlling authority under the Payment of Gratuity Act,1972 i.e. Assistant Labour Commissioner - Srinagar, has decided the issue as to 'whether the instant application is hit by limitation?' in favour of the Respondent No. 3, (the Applicant therein) and against the Petitioner (Non -Applicant therein).

2.The impugned order had mainly dealt with the issue of limitation, among other issues, wherein the Respondent No. 3 had prayed for the payment of gratuity along with interest. The petitioner filed objections through their counsel resisting the claim on the grounds that;

a. No Application under Rule-7 of Gratuity Rules has been filed by the Respondent No. 3, before the petitioner company, as such under law, Application was not maintainable.

b. Gratuity cannot be denied as per rules but the Respondent No. 3 was required to obtain NOC from the stores section which exercise has not been done by him, in view of the fact that Responde