Advocates:
['VINOD DESHMUKH', '', 'RITESH GIRI', 'RANJAY DE', 'RAJ KUMAR GUPTA']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPL No. 71 of 2021

• M/s Hindustan Steelworks Construction Limited Through Its General

Manager, Hscl, Nirmanbhawan, Bhilai, District Durg Chhattisgarh

490001,

---- Petitioner

Versus

1. The Controlling Authority Under The Payment Of Gratuity Act, 1972

And Assistant Labour Commissioner (Central), Government Of India,

Ministry Of Labour And Employment, D-6, Adarsh Society, Sector-1,

Avanti Vihar, Raipur Chhattisgarh. 492006, District : Raipur,

Chhattisgarh

2. M/s J.V. Reddy, Prop. Shri J.V. Reddy, Qtr.No. 24/f, Street-11, Sector-

2, Bhilai, District Durg Chhattisgarh. 490001, District : Durg,

Chhattisgarh

3. Shri Babu Ali Ansari, S/o Shri Naim Ansari, H.No. 168, Klc Zone-2,

Sector-Ii, Khursipar, Bhilai, District Durg Chhattisgarh. 490011,

District : Durg, Chhattisgarh

4. Union Of India Service Through The Secretary, Department Of Labour,

Shram Shakti Bhavan, New Delhi- 110001., District : New Delhi, Delhi

---- Respondents

For Petitioner

:

Mr. Ranjay De, Advocate along

with Mr. Vinod Deshmukh,

Advocate

For Respondents No. 1 & 4

:

Mr. Raj Kumar Gupta, Advocate

Hon'ble Shri Justice

Narendra Kumar Vyas

Order On Board

06.12.2021

1.

The petitioner has filed this petition against the order dated

19.03.2020 which is communicated to the petitioner on 11-05-

2020 Annexure- P/1 passed by Authority under payment of

Gratuity Act 1972 by which the Authority has directed the

petitioner as well as the contractor jointly or severally to pay a

sum of Rs.58,050/-(Fifty eight thousand and fifty)with interest

only on account of gratuity to the respondent No.3.

2.

The brief fact as projected by the learned counsel for the

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petitioner is that the respondent No.2 is the contractor and

respondent No.3 Babu Ali Ansari employed with respondent

No.2 in the establishment of the petitioner/Hindustan Steelworks

Construction Limited.

3.

Respondent No.3 has filed an application before the Controlling

Authority under the payment of Gratuity Act for issuance of

direction, for grant of gratuity. The learned Controlling Authority

respondent No.1 has registered the application as Case No.RP-

48(40)/2019-ALC. The learned Controlling Authority under the

payment of Gratuity Act, herein vide order dated 19.03.2020 has

allowed the application and directed the petitioner to pay gratuity

amount. By impugned order the Controlling Authority has

directed for payment of gratuity to the tune of Rs.58,050/-(Rs.

Fifty Eight Thousand Fifty only) alongwith simple interest @ 10%

per annum with effect from the date 30.06.2018 to the date on

which it is paid to respondent No.3 as well as by respondent

No.2 jointly and severally.

4. As per Section 7 of Gratuity Act there is remedy of appeal,

Section 7(7) provides that the appeal has to be filed within 60

days from the date of communication of the order and further 60

days delay can be condoned Section 7 sub-section 7 under the

payment of Gratuity Act, 1972 is extracted below:-

(7) Any person aggrieved by an order under sub-section (4)

may, within sixty days from the date of the receipt 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:

Provided 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 sixty days, extend the

said period by a further period of sixty days:

[Provided further that no appeal by an employer shall be

admitted unless at the time of preferring the appeal, the

appellant either produces a certificate of the controlling

authority to the effect that the appellant has deposited with

him an amount equal to the amount of gratuity required to be

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deposited under