MAHAGUJART MEDICAL SOCIETY Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) Rule. Mr.Mengdey, Ld.AGP waives service of rule on behalf of respondent No.1. Mr.Sheth waives service of rule on behalf of respondent No.2. With the consent of learned advocates for the parties matter is taken up for final hearing today.

(2.) The only question arises in this petition is : Whether the delay be condoned and appeal be heard on merits or not?

(3.) The short facts of the case are that the petitioner is a charitable institution running hospital for which grant is being provided by the State Govt as per the contention of the petitioner. It is also the case of the petitioner that it is maintaining itself on the basis of donations received from the public at large. The respondent No.2 was in employment and she retired from service on 31.3.1999 and the amount of gratuity was not paid. Therefore, the respondent No.2 preferred Application No.4/02 before the controlling authority under Payment of Gratuity Act, 1971 (hereinafter referred to as "the Act"). It appears that the matter proceeded exparte before the controlling authority and the controlling authority ordered for payment of Rs.55,575/towards gratuity to the respondent No.2. The petitioner carried the matter before the appellate authority by way of filing Appeal No.2/03 and in the said appeal, application for condonation of delay was submitted. However, the appellate authority ultimately passed the order on 30.6.03 whereby the delay is not condoned. Under the circumstances, the present petition.