K P BACKIASAMY Vs. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 AND REGIONAL LABOUR COMMISSIONER CENTRAL CHENNAI

JUDGEMENT

(1.) THIS writ petition is filed by the employee of the third respondent Mill challenging the order dated 08. 12. 2000 passed by the first respondent appellate authority in Gratuity Appeal No. 4 of 2000 confirming the order of the second respondent controlling authority dated 28. 02. 2000 made in Gratuity Application No. 17 of 1999.

(2.) THE petitioner, an employee of the third respondent Mill resigned from the service on 20. 8. 1998 after completing 14 years of service. He filed an application dated 31. 5. 1999 claiming payment of gratuity. He gave a notice dated 20. 11. 1998 to the third respondent management stating that his gratuity was paid only for a period of 8 years leaving out his 6 years service. The said application was taken on file as G. A. No. 17 of 1999.

(3.) THE third respondent filed a counter affidavit stating that the petitioner ought to have filed an application within 90 days from 05. 10. 1998 but it was filed after 236 days. Therefore, it is time barred.