STATE OF CHHATTISGARH Vs. BRAMHANAND PANDEY

JUDGEMENT

(1.) The challenge in the present writ petition is to the order passed by the appellate authority under the Payment of Gratuity Act (Annexure P-1) dated 04/11/2016 and also the order passed by the controlling authority P-2 dated 17/09/2015 whereby the controlling authority has passed an order in favour of the respondent employee for releasing all the payment of gratuity to the tune of Rs. 3,14,627/- including interest.

(2.) Perusal of the record would reveal that the appellate authority vide impugned order (Annexure P-1) has rejected the appeal only on the ground of delay. The order passed by the controlling authority was on 17/09/2015 and the appeal in the instant case has been filed on 12/02/2016 that is after a period of 151 days calculating the period of limitation from 17/09/2015 onwards.

(3.) It would be relevant at this juncture to refer to the Section 7 of the Payment of Gratuity Act which deals with the preferring of an appeal. The period of limitation for filing the appeal under Section 7(7) of the Payment of Gratuity Act is 60 days. The proviso Clause to the Sub Section also stipulates that the appellate authority has got power to condone the delay in case if the appeal is preferred within the further period of 60 days. That is to say that the appellate authority can condone the delay only in the event if the appeal is preferred within 120 days from the date of order under challenge before the appellate authority. Fact that the appellate authority has been given an outer limit of period within which the appeal could be entertained by the appellate authority condoning the delay by itself implied that the appellate authority beyond a period of 120 days does not have any power under the Act to condone the delay.