LAWS(MAD)-2016-1-62

RASIPURAM CO-OPERATIVE URBAN BANK LIMITED Vs. THE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT/ASSISTANT COMMISSIONER OF LABOUR AND ORS.

Decided On January 18, 2016
Rasipuram Co -Operative Urban Bank Limited Appellant
V/S
The Authority Under The Payment Of Gratuity Act/Assistant Commissioner Of Labour And Ors. Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner; Mr. R. Bala Ramesh, learned Additional Government Pleader for the 1st respondent and Mr. T. Anantha Sekar, learned counsel for the 2nd respondent and with their consent, the writ petition is taken up for final disposal.

(2.) The petitioner in all these writ petitions is the Rasipuram Cooperative Urban Bank Limited represented by its Deputy Registrar/Managing Director and the challenge is to a common order passed by the 1st respondent, the competent authority under the provisions of the Payment of Gratuity Act, 1972. By the impugned order, the competent authority has condoned the delay in filing the applications by the 2nd respondent in all these cases wherein they have requested the Management to pay the difference in gratuity amount.

(3.) The learned counsel for the petitioner vehemently contended that the affidavit filed in support of the condone delay applications before the competent authority is bereft of particulars. The 2nd respondent/Employees have not shown sufficient cause for condonation of the delay and these aspects of the matter were not considered by the competent authority and the cryptic order has been passed which calls for interference. In support of his contention, the learned counsel for the petitioner placed reliance on the decision of the Hon'ble Supreme Court in Basawaraj and another V. Special Land Acquisition Officer reported in : (2013) 14 Supreme Court Cases 81.