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PURUSHAINDRA KUMAR KAURAV
M. T. I Logistic Tech Pvt. Ltd – Appellant
Versus
Ramkumar Gupta – Respondent
JUDGMENT
Purushaindra Kumar Kaurav, J. - The petitioner-employer is aggrieved by order dated 07.06.2016 (annexure P/6) passed by the appellate authority under the Payment of Gratuity act, 1972 and Deputy Chief Labour Commissioner (Central), Jabalpur, in case No.PGa-12/2016, whereby, the appeal preferred by the employer under Section 7(7) of the Payment of Gratuity act, 1972 (hereinafter referred to as 'The PG act, 1972), has been dismissed on the ground of delay.
2. The employee-respondent approached the Controlling authority under the PG act, 1972 vide application dated 17.12.2009 under sub-Rule
(1) of Rule 10 of the Payment of Gratuity (Central) Rules, 1972 (hereinafter referred to as 'The PG Rules, 1972) for issuance of appropriate directions for the payment of gratuity.
3. The case of the employee was that he was working with the employer-petitioner as Clerk and had discharged his services from the year 1976 to October, 2009. Since the admissible payment under the provisions of the PG act, 1972 and the rules made thereunder were not made to the employee, hence, the Controlling authority vide order dated 03.01.2011, directed the employer to pay the amount of gratuity of Rs.74,250/-
The non-condonable nature of delay beyond the prescribed time limit under Section 7(7) of the Payment of Gratuity act, 1972 and the mandatory nature of the limitation under the act.
Condonation of delay in gratuity appeal valid if filed within 120 days on sufficient cause under Section 7(7) proviso.
Appellate authority correctly rejected 82-day delay condonation under Section 7(7) beyond 120-day limit in gratuity appeal.
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 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.
The court ruled that delays in filing an appeal may be condoned, allowing the Appellate Authority to consider the appeal on its merits under the Payment of Gratuity Act.
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....
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