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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON’BLE MR. JUSTICE V. SRISHANANDA

WRIT APPEAL NO. 4069 OF 2019 (L-PG)

BETWEEN:

SOLITAIR BUILD TECH PVT.LTD.,

SOUVENIR CONSTRUCTION,

#349, 2^ND FLOOR, 9^TH MAIN ROAD,

25^TH CROSS, BSK 2^ND STAGE,

BENGALURU, KARNATAKA – 560 070,

REPRESENTED BY

MANAGING DIRECTOR.

... APPELLANT

(BY SRI. S.V.SHASTRI, ADVOCATE)

AND:

1.

SRI. B. MANJUNATH,

LATE B BOREGOWDA,

NO.7/1, 36A CROSS,

2^ND MAIN ROAD, 4^TH T BLOCK,

JAYANAGAR, BENGALURU – 11.

2.

LABOUR OFFICER,

UNDER PAYMENT OF GRATUITY ACT,

SUB-2, KARNATAKA BHAWAN,

BANNERGHATTA ROAD,

BANGALORE - 11

... RESPONDENTS

(BY SHRI. LAXMINARAYAN, AGA FOR R2)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF

THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE

THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP

NO.43910/2019 (L-PG) DATED 20.11.2019 AND ALLOW THE

ABOVE WRIT APPEAL WITH COST.

THIS WRIT APPEAL COMING ON FOR PRELIMINARY

HEARING THIS DAY, SATISH CHANDRA SHARMA. J.,

MADE THE FOLLOWING:

JUDGMENT

The present writ appeal is arising out of the order

dated 20.11.2019 passed by the learned Single Judge in

W.P. No.43910/2019 (Solitair Build Tech Pvt. Ltd. Vs. Sri

B. Manjunath and another)

2. The facts of the case reveal that the appellant

is a company registered under the Companies Act.

Respondent No.1 Sri B. Manjunath was appointed as a

Project Engineer on 01.01.2000 under the appellant and

he

resigned

from

the

service

on

24.01.2015.

Respondent No.1 submitted an application for gratuity

under the provisions of the Payment of Gratuity Act,

1972 (hereinafter referred to as ‘Act’ for short). An

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order was passed by the Labour Officer - Controlling

Authority on 27.11.2018 and no appeal was preferred

against the aforesaid order. The statutory limitation

period provided under the Act for the filing an appeal is

60 days. The limitation can be condoned up to a period

of 60 days further, meaning thereby, no such appeal is

maintainable beyond the total period of 60+60 days.

3. The statutory provision under the Act reads as

under:

“ Section 7:

Determination

of

the

amount

of

gratuity.

(1) A person who is eligible for payment of

gratuity under this Act or any person

authorised, in writing, to act on his behalf

shall send a written application to the

employer, within such time and in such

form, as may be prescribed, for payment of

such gratuity.

(2) As soon as gratuity becomes payable,

the employer shall, whether an application

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referred to in sub-section (1) has been made

or not, determine the amount of gratuity and

give notice in writing to the person to whom

the gratuity is payable and also to the

controlling authority specifying the amount

of gratuity so determined.

(3) The employer shall arrange to pay the

amount of gratuity within thirty days from

the date it becomes payable to the person to

whom the gratuity is payable.

(3A) If the amount of gratuity payable

under sub-section (3) is not paid by the

employer within the period specified in sub-

section (3), the employer shall pay, from the

date on which the gratuity becomes payable

to the date on which it is paid, simple

interest at such rate, not exceeding the rate

notified by the Central Government from

time to time for repayment of long-term

deposits, as that Government may, by

notification specify:

Provided that no such interest shall be

payable if the delay in the payment is due to

the fault of the employee and the employer

has obtained permission in writing from the

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controlling

authority

for

the

delayed

payment on this ground.]

(4)(a) If there is any dispute as to the

amount of gratuity payable t