LAWS(DLH)-2009-9-312

MUNICIPAL CORPORATION OF DELHI Vs. THANDAPANI

Decided On September 22, 2009
MUNICIPAL CORPORATION OF DELHI Appellant
V/S
Thandapani Respondents

JUDGEMENT

(1.) THE present writ petition has been filed on behalf of the Municipal Corporation of Delhi (in short 'Corporation') assailing the order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (in short 'Act').

(2.) COUNSEL appearing on behalf of the Corporation initially asserted that in similar matters notice has been issued for hearing of those petitions in December, 2008. It was, therefore, urged that the present petition should be listed and heard alongwith those petitions. However, in view of the fact that this issue is no longer res integra, in terms of the decision of the Supreme Court as well as of this Court, cited herein below, I am proceeding to dispose of the petition at this stage.

(3.) IT is an admitted position that the relevant notification under the Act was issued by the appropriate authority subsequent to the retirement of the respondent -employee in the writ petition. It is fairly conceded by counsel appearing on behalf of the Corporation that the said notification can only have prospective operation. However, he submits that, the notification shall apply as on the date of the consideration of the application filed by the respondent. In other words, since the notification was in force on the date that the CA determined the application of the respondent, the application was not maintainable at all. Counsel for the petitioner, consequently submits that on the date of the notification the CA was functus officio and could not entertain any application under the Act.