DIVISIONAL CONTROLLER, NEKRTC, BELLARY DIVISION, REP BY ITS CHIEF LAW OFFICER Vs. ABDULRAZZAK SAB S/O ALISAB KOPPAL

JUDGEMENT

(1.) The present Intra-court appeal is filed by the Divisional Controller, NEKRTC against the order dated 10.07.2015 dismissing the WP No.63303/2009 (L-K) filed by the present appellant on the ground that, the appellant has not produced the certificate of the Controlling Authority to show that the appellant has deposited the amount equal to the amount of gratuity required to be deposited under sub-section (4) of Section 7 of the Payment of Gratuity Act, 1972 (for short, 'the Act').

(2.) The respondent-employee initially was appointed as Conductor and subsequently, retired as Traffic Controller on 31.12003. Subsequently, he filed an application before the Assistant Labour Commissioner under Section 7 of the Act requesting to award gratuity of Rs. 95,700/- with interest at 12%. The Assistant Labour Commissioner considering the application and the objections, by the order dated 2006 allowed the application filed by the respondent and directed the present appellant to pay a sum of Rs. 1,10,792/- with 12% interest thereof. Aggrieved by the same, the present appellant preferred an appeal before the appellate Authority, who by an order dated 18.06.2008 dismissed the appeal on the ground of delay of 10 months which was the subject matter of the writ petition before the learned Single Judge in WP No.63303/2009. The learned Single Judge, by the impugned order dated 10.07.2015 dismissed the writ petition. Hence, the present appeal is filed by the Corporation.

(3.) There is a delay of 595 days in filing the present appeal.