Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 33713

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
Chinnadurai – Appellant
Versus
The Appellate Authority under the Payment of Gratuity Act – Respondent
W.P.(MD)No.31895 of 2025 | W.M.P(MD)No.25097 of 2025 | W.M.P(MD)No.27723 of 2025 | P.G.I.A.No.31/2024 | P.G. No.92/2023 | PGIA.No.30 of 2024 | PGIA.No.32 of 2024

Advocates:
For the Appellants/Petitioners: Mr.M.Ganesan
For the Respondents: Mr.D.Sadiq Raja, Mr.M.Arumugam

Condonation of delay in gratuity appeal valid if filed within 120 days on sufficient cause under Section 7(7) proviso.

Headnote:The Payment of Gratuity Act, 1972, Section 7(7) mandates appeals within 60 days, extendable by another 60 days for sufficient cause. Employees challenged the controlling authority's order directing payment of Rs.7.8 lakhs gratuity. Appellate authority condoned 82-day delay in employer's appeal. Court found no illegality in condonation, as application filed within extended period. Issues framed around timeliness of appeal and condonation validity under Section 7(7) proviso. Court observed filing dates confirmed compliance, rejecting petitioners' contention of delay beyond 120 days. Ratio: Condonation valid if filed within extended 120-day limit upon sufficient cause. Writ petition dismissed.

Table of Content
1. challenge to condonation of delay in gratuity appeal (Para 1 , 2)
2. section 7(7) limits appeal to 120 days maximum (Para 3 , 4)
3. no illegality in condoning 82-day delay; writ dismissed (Para 5 , 6)

ORDER

The petitioners, who are the employees of the third respondent before this Court challenging the order dated 11.09.2025 passed by the first respondent in PGIA.No.30 of 2024 and 32 of 2024. By the said order, the delay of 82 days in filing the appeal under Section 7 (7) of the Payment of Gratuity Act came to be considered.

2. The controlling authority passed an order directing the third respondent to pay a sum of Rs.7.8 lakhs towards payment of gratuity against which the third respondent filed an appeal under Section 7(7) of the Payment of Gratuity Act. The said section stipulates that the appeal should be filed within 60 days from the date of order.

3. Section 7(7) of the Payment of Gratuity Act, states that any person aggrieved by an order under sub-section(4) may, within 60 days from the date of receipt of a copy of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf. Proviso states that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of 60 days, extend the said period by a further period of 60 days.”

4. In the instant case, the petitioner filed the appeal after 82 days from the date of order. The learned counsel for the petitioners states that the condonation of delay application was filed on 18.09.2024.

5. Learned Additional Government Pleader, on receiving instructions states that the appeal as well as the application for condonation of delay had been filed on 21.06.2024 and it was returned and represented on 18.09.2024 and therefore the contention of the petitioners that the application for condonation have filed after 120 days is unfounded and mis-conceived. I do not find any illegality in the impugned order passed by the first respondent.

6. Accordingly, this Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous Petitions are closed.

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