KANTI COTTON MILLS Vs. KHODAJI GAGJIBHAI

JUDGEMENT

(1.) Kanti Cotton Mill - the then unit of Gujarat State Textile Corporation, Surendranagar, has filed this petition challenging the judgment and award dated 24th November, 1987, passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as `the Act') in Appeal No.51 of 1987. By the impugned judgment and award, the Appellate Authority has held and directed the petitioner mill to pay to the respondent workman Shri Khodaji Gagjibhai is entitled to Rs.2344.00 difference amount of gratuity of 80 days salary.

(2.) The facts giving rise to this petition are as under:

(3.) Ms.P.J.Davawala, learned advocate appeared on behalf of the petitioner submitted that in this case the first authority dismissed the application of the workman only on the ground of limitation whereas the appellate authority without considering the plea straightway decided and granted payment of gratuity to the workman and therefore the reasonings of the appellate authority is clearly errorneous. According to her, the appellate authority ought to have remanded the matter if they considered the workman's application on the ground of delay. In fact, she submitted that there is no whisper of condonation of delay in the order of the appellate authority and therefore also to that extent the order of the appellate authority is required to be quashed and set aside.