COMMR EDAPADI MUNICIPALITY EDAPADI SALEM DIATRICT Vs. JOINT COMMR OF LABOUR APPELLATE AUTHORITY UNDER THE PAYMENT OFGRATUITY

JUDGEMENT

(1.) THE petitioner has come forward with the present Writ Petition challenging the proceedings of the 1st respondent dated May 11, 2007, to quash the same and consequently direct the 1 st respondent to entertain the Appeal and pass orders on merits.

(2.) THE case of the petitioner that against the award passed by the second respondent 3 dated February 20,2006, the petitioner has filed an Appeal on April 3, 2006 before the 1st respondent. The same has been returned on June 14, 2006 by the 1st respondent stating that the petitioner has not made the deposit as per the requirement of Section 7 (7) of the Payment of Gratuity Act, 1972.

(3.) THEREAFTER, the petitioner re-presented the Appeal with necessary enclosures on April 3, 2007. The said Appeal has been rejected on the ground that there is a delay of 399 days in preferring the Appeal.