MANAGEMENT Vs. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, [JOINT COMMISSIONER OF LABOUR], TAMIL NADU HOUSING BOARD OFFICE COMPLEX AND ORS

JUDGEMENT

(1.) Heard the learned Counsel on either side.

(2.) The third respondent herein was employed in the writ petitioner Bank. He was dismissed from service by order dated 07.09.2008. Instead of raising an Industrial Dispute, the third respondent filed W.P.(MD). No. 26497 of 2003, questioning the same. The said writ petition came to be dismissed on 13.03.2008. The order of dismissal has now become final. Thereafter, the third respondent filed P.G [I.A] No. 87 of 2012, seeking condonation of delay in lodging his claim for payment of gratuity before the Controlling Authority. The management received the notice in the condone delay Petition. The management also filed its counter affidavit opposing P.G[I.A] No. 87 of 2012. In paragraph 4 of the counter affidavit, it was specifically stated that in view of his dismissal, the petitioner's right to claim gratuity was taken away. Even though P.G [I.A] No. 87 of 2012 was only an application for condonation of delay, in the Counter opposing the said prayer, it was also contended that there was no cause of action to make an application for gratuity. Probably in view of this, the Controlling Authority while condoning the delay, also allowed the main petition and directed the management to pay a sum of Rs. 1,88,225/-. This order was passed on 03.03.2016.

(3.) Aggrieved by the aforesaid order passed by the Controlling Authority, the petitioner filed an appeal before the Appellate Authority. Unfortunately the appeal was filed after a gap of more than 120 days. The Appellate Authority also noted that the appeal has been filed after 165 days without making the mandatory statutory deposit. Therefore, the appeal was dismissed as not maintainable. Questioning the same this writ petition has been filed.