LAWS(GJH)-2023-1-372

STATE OF GUJARAT Vs. MANGLUBHA RAMSANG CHUDASMA

Decided On January 19, 2023
STATE OF GUJARAT Appellant
V/S
Manglubha Ramsang Chudasma Respondents

JUDGEMENT

(1.) Heard learned Asst. Government Pleader Mr. Manan Mehta for the appellant State.

(2.) Challenge in this Letters Patent Appeal under clause 15 of the Letters Patent is directed against the judgment and order dtd. 18/1/2021 of learned Single Judge.

(3.) Learned Single Judge while confirming the order of the appellate authority, in not entertaining the appeal before it on the ground of limitation, noticed the provisions of sub-sec. (7) of Sec. 7 of the Payment of Gratuity Act, 1972 (hereinafter referred to as " Gratuity Act "). Under the said provision, time limit is provided for preferring appeal against the order of controlling authority under sub-sec. (4) of Sec. 7 . The appeal before the appellate authority would lie within 60 days from the date of receipt of the order. Further 60 days is contemplated as grace within which further time also appeal could be filed provided sufficient cause exist.