JANAK S DALAL Vs. GENERAL MANAGER

JUDGEMENT

(1.) LEARNED advocate Mr.G.M. Joshi for the petitioner tenders a draft amendment whereby he inter alia seeks to produce copy of notice dated 02nd November, 2013 issued by the Bank, for forfeiture of the gratuity, further seeking to incorporate the averemnts in paragraph Nos.5.1, 13.1 and prayer (BB) in the prayer clause. The draft amendment is granted which shall be carried out forthwith.

(2.) WITH consent of learned advocates appearing for both the parties, the petition is taken up for final consideration today.

(3.) ORDER dated 02nd/04th July, 2012 passed by the Appellate Authority under the Payment of Gratuity Act and Regional Labour Commissioner (Central), Ahmedabad, rejecting the appeal of the persent petitioner is put under challenge in this petition by the petitioner -employee. The said appeal came to be rejected on the ground that the appeal was filed 100 days beyond the period of limitation. The said appeal before the Appellate Authority arose from order dated 08th February, 29012 whereby application of the employee has been dismissed by the Controlling Authority on the ground that it did not have territorial jurisdiction to entertain and hear the application. It recorded that the petitioner was working as Chief Manager in the Bank at Jalandhar Branch when he was terminated on 15th June, 2002. On that basis, took view that it lacked territorial jurisdiction. As per case of the petitioner, different Authority would have territorial jurisdiction. As per the case of the Bank, services of the employee was terminated, whereas according to the employee, he had tendered resignation.