SHANKAR CHANBASSAPPA CHILLALSHETTI Vs. J. J. MAGDUM

JUDGEMENT

(1.) The present Writ Petitions impugn orders dtd. 25/6/2025 passed by Member, Industrial Court, Kolhapur and Appellate Authority under Payment of Gratuity Act, 1972 (For short, 'the Act') thereby condoning delay of 140 days in filing appeal.

(2.) Petitioners were employees of Respondent Management/Trust. Their services were terminated with effect from 8/7/2019 after putting several years of service. They approached Controlling Authority under provisions of Sec. 4 of the Act seeking payment of unpaid amount of gratuity, to be computed on the basis of last drawn salary and also tenure of service. Respondent contested proceeding and refuted Petitioner's entitlement of claim of gratuity. The Controlling Authority and Judge, Labour Court, Kolhapur accepted Petitioners' entitlement to receive gratuity amount alongwith interest @ 10% p.a. from the date, gratuity was due till its realization. Respondent assailed order dtd. 18/12/2024 passed by Controlling Authority under Sec. 7(7) of the Act. Since appeal was delayed beyond period of limitation, separate application was made to condone delay. Petitioners opposed said application. However, Appellate Authority condoned the delay, subject to payment of costs and directed registration of appeal under Sec. 7(7) of the Act.

(3.) Mr. Vijay Killedar, learned Advocate appearing for Petitioners submits that Sub-Sec. (7) of Sec. 7 of the Act provides remedy of filing appeal against order of Authority passed under Sub-Sec. (4) of Sec. 7. Appeal has to be filed within stipulated period of 60 days from the date of receipt of order before the Appellate Authority. Appellate Authority is empowered to condone delay up to 60 days only. Therefore, appeal needs to be filed within a period of 60 days from date of receipt of order and Appellate Authority, being satisfied with reasons for delay, can condone the same by a further period of 60 days. Therefore, any appeal filed beyond 120 days would not be maintainable and Appellate Authority has no jurisdiction to entertain such an appeal. He would point out that in present case, appeal is filed beyond the period of 120 days from date of order by Respondent. Appellate Authority condoned delay assuming that appeal is preferred with delay of only 58 days, as such committed serious error of facts and law, while passing the impugned order. In support of his contention, Mr. Killedar, relies upon judgment of Division Bench of this Court in case of J. L. Morrison India Ltd. Mumbai v. Deputy Commissioner of Labour, Mumbai & Ors.,2007 (6) Mh.L.J. 393. Judgments of Supreme Court in case of V. Nagarajan v. SKS Ispat & Power Ltd. & Ors.,(2022) 2 SCC 244. A. Rajendra v. Gonugunta Madhusudhan Rao & Ors.,(2025) 6 SCC 618. and Ganesan represented by its Power Agent G. Rukmani Ganesan v. Commissioner, Tamil Nadu Hindu Religious & Charitable Endowments Board & Ors.,(2019) 7 SCC 108.