STATE OF GUJARAT Vs. HANSRAJBHAI CHANABHAI SAVASADIYA

JUDGEMENT

(1.) By way of this petition, the petitioner State has challenged the order dated 02.03.2020 passed in Gratuity Appeal No. 83 of 2019 passed by the Appellate Authority, under the Payment of Gratuity Act, 1972, Rajkot and order dated 20.03.2019 passed in Gratuity Case No. 120 of 2018 by the Controlling Authority under the Payment of Gratuity Act, 1972, Rajkot.

(2.) Vide order dated 02.03.2020 produced at Annexure-A to this petition, the Appellate Authority, Rajkot under the Payment of Gratuity Act, 1972, while dismissing the appeal on the ground of the delay, confirmed the order dated 20.03.2019 passed in Gratuity Case No. 120 of 2018 by the Controlling Authority under the Payment of Gratuity Act, 1972, Rajkot, whereby the respondent was awarded an amount of Rs.1,42,471/- within a period of 30 days along with 10% simple interest till the actual payment is made. The aforesaid order of Controlling Authority was challenged before the Appellate Authority, however, since the said order was challenged after a total period of 120 days, on the ground of delay, the Appellate Authority under the Payment of Gratuity Act, 1972, dismissed the appeal preferred by the petitioner and hence these two orders are under challenge before this Court.

(3.) Heard learned Assistant Government Pleader Ms. Asmita Patel for the petitioner State. Ms.Patel submitted that it is an admitted position that delay beyond the period of 120 days has occurred but if the delay is not condoned, in that case, the petitioner will suffer huge financial loss and ultimately that will be a loss to public exchequer. The aspect of balance of convenience and hardship may also be considered in favour of petitioner State and if delay is condoned it will not affect adversely to the respondent and hence she urged that delay occurred in filing the appeal before the Appellate Authority may be condoned by this Court by exercising jurisdiction under Articles 226 and 227 of the Constitution of India. Ms.Patel also submitted that the learned Appellate Authority was required to decide delay application first and was required to pass two separate orders in delay application and main appeal as well by passing consolidated order. Except above submissions, no other submissions are made by learned Assistant Government Pleader Ms.Patel.