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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI
SD Public School – Appellant
Versus
Appellate Authority Cum Deputy Labour Commissioner – Respondent
JUDGMENT :
KULDEEP TIWARI, J.
1. All these writ petitions are amenable for being decided through a common verdict on account of theirs inhering a common question of law for consideration. For the sake of brevity and convenience, the prayer clause is extracted from CWP-37898-2025.
2. The relief yearned for in this writ petition appertains to quashing of the order dated 01.10.2025, whereby the appeal(s) filed by the petitioner, under Section 7(7) of the Payment of Gratuity Act, 1972, were dismissed by the respondent No.1- Appellate Authority on the ground of theirs being suffering from the vice of delay.
3. There was delay of more than six months in filing the appeal(s), which the petitioner attributes to having pursued its claim before a wrong forum.
4. The pivotal issue, which emerges for consideration, is “whether the appellate authority is vested with jurisdiction to condone delay in filing the appeal beyond 120 days”. On this issue, a reference to Rule 7(2) of The Tribunal (Procedure) Rules, 1997 (hereinafter referred to as the “Rules of 1997”), which is extracted hereunder, is inevitable:-
“7. Fee, time for filing appeal, deposit of amount due on filing appeal.—
XX XX XX
(2) Any perso
No jurisdiction to condone appeal delay beyond 120 days under EPF Act Rule 7(2); statutory limit strictly enforceable, writ court cannot interfere.
The appellate authority under the Jammu & Kashmir GST Act cannot condone delays beyond thirty days for filing appeals, and the High Court's extraordinary jurisdiction does not permit overriding this ....
The petitioner cannot seek exclusion of time taken in writ proceedings for filing an appeal, as the writ petition was entertained and resulted in a final order, constituting an abuse of process.
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.
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