MANAGEMENT Vs. CONTROLLING AUTHORITY

JUDGEMENT

(1.) Since the issue involved in all these batch of Writ Petitions, is one and the same, they are disposed of by this common order.

(2.) The issue that arises for consideration in these batch of Writ Petitions is that under what circumstances the limitation period of 30 days prescribed under the Payment of Gratuity Act for filing an application by the employer to set aside the ex-parte order passed under Sec. 7 of the Payment of Gratuity Act, under which the amount of gratuity payable to an employee has been determined, can be extended by the High Court, exercising power under Article 226 of the Constitution of India.

(3.) It is now settled law as laid down in various decisions of the Constitutional Courts including the decisions of this Court that the Payment of Gratuity Act, 1972, being a labour welfare Legislation is a special law, and as such, the limitation period of 30 days prescribed for an employer to file application before the Controlling Authority to set aside the ex-parte order passed under Sec. 7 of the Payment of Gratuity Act, 1972, under which the amount of gratuity has been determined, cannot be extended and the delay cannot be condoned.