ASSISTANT EXECUTIVE ENGINEER Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) The respondents who are claiming to be the legal representatives of deceased Kamalakara Ghante filed a petition before the Assistant Labour Commissioner under the Payment of Gratuity Act , 1972 by contending that the husband of the 1s t respondent namely Kamalakara Ghante was appointed as Daily Wages Watchman with petitioner's office and he worked continuously not less than 22 yers, till 06.06.2006.

(2.) The case of the petitioner is that the respondents approached the petitioner's office for seeking benefit. Since petitioner disputed the claim of the respondents, they approached the Assistant Labour Commissioner under Payment of Gratuity Act , 1972 claiming gratuity amount of Rs.51,150/-.

(3.) On receipt of the notice, the petitioner contested the proceedings and specifically contended that there is inordinate delay in claiming the gratuity amount. The authority having examined the rival contentions, rejected the defence of the petitioner and allowed the petition filed by the respondents by holding that there is no limitation for claiming Gratuity by an employ, since there is a mandatory duty cast on an employer as contemplated under Section 7(2) of the Payment of Gratuity Act, to notify the employee and specify an amount of gratuity to which he is entitled. The authority also held that the non-payment of gratuity is continuing wrong and the question of delay in approaching the controlling authority does not arise. After examining the materials on record, the Authority has allowed the petition by holding that the respondents are entitled for sum of Rs.46,500/- with 10% interest per annum.