ATALANTA APPLIED Vs. ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) Petition partly allowed. This writ petition is filed by the Management questioning the order dated December 15, 2010, produced at Annexure-A, passed by Respondent No. 1 confirmed in order in appeal dated April 10, 2012 passed by Respondent No. 2 produced at Annexure-B and recovery notice produced at Annexure-C dated May 9, 2011. The facts leading to this case are that, Respondent No. 3 had filed a claim petition under the provisions of the Payment of Gratuity Act (in short referred to as 'the Act') inter alia alleging that she had worked in the petitioner-Company from June 8, 1992 to March 7, 2009, the date on which she has tendered her resignation. She had put in 17 years of continuous service and is entitled for payment of gratuity to the tune of Rs. 3,06,891/-. Before the Controlling Authority, the petitioner herein was placed ex-parte. On the basis of the claim petition and materials produced by Respondent No. 3, the Controlling Authority held that she is entitled for a sum of Rs. 3,03,942/- along with 10% interest from May 9, 2009.

(2.) Petitioner received a demand notice as per Annexure-C. As against the order of recovery notice, petitioner filed an appeal before the Appellate Authority. During the pendency of the said appeal, the petitioner had also filed a writ petition before this Court in W.P. No. 28638/2011 and the said writ petition was disposed of by this Court by order dated August 2, 2011 inter alia recording the submission of the learned Government Advocate and directed the Appellate Authority to dispose of the appeal on merits and pass orders in accordance with law.

(3.) The Appellate Authority, after the order of this Court, dismissed the appeal on the ground that the appeal is filed beyond the period of 120 days. As against the said order and the order of Controlling Authority and recovery notice, the petitioner is before this Court.