INDAMER COMPANY PVT LTD Vs. KRISHAN LAL CHOPRA

JUDGEMENT

(1.) The challenge in this writ petition is to the order dated June 26, 2012 of the Controlling Authority under Payment of Gratuity Act, 1972 ('Act' in short) and orders dated April 03, 2013 and August 30, 2013 of the Appellate Authority, by which the Controlling Authority has granted an amount of Rs. 5,99,279/- to the respondent together with simple interest @ 10% p.a and the appeal and review of the appellate order were dismissed.

(2.) The brief facts are that the respondent was appointed as a Retainer initially vide order dated July 31, 1996 which arrangement continued till April, 2011. In the month of May, 2012, the respondent submitted an application to the Controlling Authority making a claim for gratuity for the period of service put in by him from August 01, 1996 to April 21, 2011. The said application was allowed by the Controlling Authority on June 26, 2012 thereby granting to the respondent an amount of Rs. 5,99,279/- as gratuity with simple interest @ 10% p.a.

(3.) The petitioner filed an appeal before the Appellate Authority on March 20, 2013 which was beyond the period of limitation prescribed under Section 7(7) of the Act, which is reproduced as under: "(7) Any person aggrieved by an order under sub- section (4) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf: Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days: [Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub- section (4), or deposits with the appellate authority such amount]".