LAWS(DLH)-2014-9-176

UNION OF INDIA Vs. JITENDER KUMAR

Decided On September 03, 2014
UNION OF INDIA Appellant
V/S
JITENDER KUMAR Respondents

JUDGEMENT

(1.) For the reasons mentioned in the application, the delay in filing the present appeal is condoned.

(2.) IN this intra " Court appeal, the Appellant " Union of India is aggrieved by an order dated 16.05.2014 of learned Single Judge in W.P.(C) 3050/2014, by which the writ petition preferred against the order dated 17.09.2013 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (in short 'Act') in Appeal No. ND36(66) 2013 -P.A. was dismissed.

(3.) LEARNED counsel for the Appellant urged that the findings of the learned Single Judge cannot be sustained as there was sufficient reason for delay in filing the appeal after receipt of orders of the Controlling Authority on 25.04.2013. The period of 120 days ended on 21.08.2013 and there was a mere delay of 19 days in filing the appeal. He urged that provisions of Section 7(7) of the Act were directory in nature and are not applicable to the quasi judicial authorities functioning under the Act.