MORBI MUNICIPALITY Vs. LABHUBHAI HARIBHAI

JUDGEMENT

(1.) RULE. Learned Advocate Mr. Y. J. Patel waives service of rule on behalf of the respondent No.1.

(2.) This petition under Article-226 of the Constitution of India is filed for quashing and setting aside the order passed by the Appellate Authority of Gratuity in Gratuity Appeal No.31 of 2019 dtd. 13/6/2019. Statutory Appeal was preferred against the award dtd. 22/1/2019 of the Controlling Authority.

(3.) Learned Advocate for the petitioner submitted that appeal by the petitioner before the Appellate Authority came to be dismissed on the ground of delay alone without examining merits. Learned Advocate for the petitioner has tried to explain that there is as such no delay, if relevant dates are taken into consideration namely date on which award of the Controlling Authority was passed and date on which, the petitioner received the award and the date on which the petitioner had deposited the amount as per the award of the Controlling Authority and the date on which, the petitioner had sent appeal by RPAD to the Appellate Authority, which received appeal on 27/5/2019.