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HARSH BUNGER
Managing Director, The Haryana State Federation Of Consumers Co-Op. Wholesale Stores Ltd. (Confed) – Appellant
Versus
Appellate Authority Under The Payment Of Gratuity Act 1972-Cum-Deputy Labour Commissioner, Rohtak – Respondent
JUDGMENT
Mr. Harsh Bunger, J. (Oral)
Petitioners have filed the instant writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 29.05.2012 (Annexure P-3) passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (for short `the Act, 1972') and also the order dated 16.08.2016 (Annexure P-5) passed by the Appellate Authority under the Act, 1972.
2. Briefly, respondent No.3-Workman (Azad Singh) filed an application under the Act, 1972 against the present petitioners, seeking a direction to them to make the payment of gratuity amount of Rs.80,810/- with interest @ 12% p.a. w.e.f. 05.11.2001 till realization. It was the case of respondent No.3 that he had worked as a Salesman with the Haryana State Federation of Consumers Co-op. Wholesale Stores Limited (CONFED) from 13.08.1981 upto 05.11.2001, when his services were terminated. It was claimed that no amount of gratuity had been paid to him and his last drawn salary was Rs.6670/- per month. Accordingly, he filed a petition under the Act, 1972.
3. The aforesaid application was contested by the petitioners herein, inter alia, on the
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.
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.
The court upheld the right of the petitioner to appeal against the gratuity order and clarified the implications of employment status on gratuity entitlements under the Act.
The Appellate Authority under the Payment of Gratuity Act is bound by limitation periods and must adjudicate appeals filed timely, while the inclusion of muster roll periods in gratuity calculations ....
The court permitted the petitioner to appeal against the gratuity order, emphasizing adherence to procedural laws and stayed recovery until the appeal is resolved.
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