UNIVERSITY OF DELHI Vs. VIJAY PRAKASH VIJAY

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated September 09, 2013 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 in Appeal No. ND.36 (62) 2013 -P.A and order dated December 17, 2012 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (for short, the 'Act') under Section 7 (4) (C) read with Sub -Rule 4 of Rule 11 of Payment of Gratuity (Central) Rules, 1972.

(2.) VIDE order dated September 09, 2013, the Appellate Authority has dismissed the appeal without going into the merits on the ground that it is beyond the power of the Appellate Authority to take cognizance of the appeal beyond a period of 120 days. Vide order dated December 17, 2012, the Controlling Authority has determined that the respondent No. 1 namely Sh. Vijay Prakash Vijay who retired from the petitioner organization is entitled to gratuity of Rs. 90,288/ - with a simple interest of 10% p.a. Before I deal with the submissions of the learned counsel for the petitioner, I reproduce hereunder the relevant provision i.e. Section 7(7) of the Act.

(3.) IT is the submission of the learned counsel for the petitioner that the delay that has occurred is because of administrative reasons and the Tribunal should have condoned the delay and heard the matter on merit. He would further submit that the petitioner has a good case on merit and important issue has been raised having larger repercussions.