VIRAMGAM MUNICIPALITY Vs. DANSIG CHATURBHAI VAGHELA

JUDGEMENT

(1.) IN this petition, the petitioner has brought under challenge, after almost 3 years, an order dated May 9, 2005 passed by the Controlling authority directing present petitioner to pay gratuity amount to the tune of Rs. 51,640/-along with interest at the rate of 10% w. e. f. April 1, 1996.

(2.) EITHER from the annexures to the petition or frop the averments in the petition, it does not emerge that the petitioner herein carried the order dated May 9, 2005 passed by the controlling Authority under the provisions of the Payment of Gratuity Act, 1972 in appeal before the Appellate Authority under the Act. Not only the petitioner failed to challenge the controlling Authority's order before the appellate Authority, but did not take any steps in connection with the said order and now, after almost 3 years when the Controlling Authority, on account of total inaction on the part of the petitioner, issued recovery certificate, the petitioner has woken up from slumber and has approached this Court by way of present petition.

(3.) IT deserves to be mentioned that even the recovery certificate which made the petitioner to rise from its slumber is dated February 29, 2008 i. e. almost one year old and even the subsequent notice is of May, 2008.