SHARDA EDUCATION TRUST Vs. APPELLATE AUTHORITY AND ORS

JUDGEMENT

(1.) What is challenged in this petition is order dated 31st December, 2013 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 in Appeal No.120 of 2013. The appeal was directed against order dated 30th April, 2012 passed by the Controlling Authority, whereby it was directed to pay to the respondent gratuity of Rs. 76,425/- with interest at 10% from 01st May, 2012 till the payment. It is also prayed to quash and set aside the said order of the Controlling Authority.

(2.) The Appellate Authority dismissed the appeal on the ground that the same was preferred beyond the total period of 120 days provided for under subsection (7) of Section 7 of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act').

(3.) The basic and relevant facts may be usefully noted. Respondent was appointed as Tedagar (Peon) under the school run by the petitioner-trust. The said employee retired upon reaching the age of superannuation on 30th April, 2012. She approached the Controlling Authority claiming gratuity for the services of 24 years, stating that his last pay drawn was Rs. 2,200/-. In support of her claim she produced certified copies of Certificate dated 19th July, 1988 and 29th July, 2007 showing the date of entry in the service to be 29th March, 1987, and also the identity card given by the institution. The employer produced application dated 01st March, 1999-appointment order and the acceptance letter wanting to suggest that the date of entry in service of the employee was 01st March, 1999.