STATE OF CHHATTISGARH Vs. GOPI CHARAN

JUDGEMENT

(1.) These writ petitions under Article 226/227 of the Constitution of India have been preferred to assail the order passed by the appellate authority under the Payment of Gratuity Act, 1972 (for short 'the Act, 1972'), whereby the appeal preferred by the petitioners have been dismissed on the ground of limitation as well as on the ground that the appeal has not been presented by a competent officer.

(2.) The controlling authority under the Act, 1972 allowed the respondents' claim for payment of gratuity by including the services rendered by them in the capacity of daily wager for calculation of qualifying service.

(3.) It is argued by learned counsel for the petitioners that the law applicable to the issue arising in the matter has been set at rest by this Court in the matter of State of Chhattisgarh and Anr. Vs. Netram Sahu and Anr. (WPL No.178/2013, decided on 16/12/13); affirmed by the Division Bench in WA No. 240/14 (Netram Sahu Vs. State of Chhattisgarh and Others, decided on 1/8/2014). He would further submit that the delay in filing the appeal was properly explained and the appeal was duly preferred by the officer authorized by the Government to prefer the appeal for the cases arising out of the Water Resources Division.