J L MORRISON INDIA LTD Vs. DY COMMISSIONER OF LABOUR APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY

JUDGEMENT

(1.) Heard. Admit. Shri K.R. Belosey waives service on behalf of the respondents. By consent, heard forthwith.

(2.) The short point for consideration which arises in the matter is whether the Appellate Authority under the Payment of Gratuity Act, 1972, hereinafter called as "the said Act" can entertain the appeal beyond 120 days from the date of receipt of the order.

(3.) Some of the workmen of the appellant filed applications before the controlling authority claiming difference in the amount of gratuity paid and the one claimed as payable to them. The said applications were dismissed by the controlling authority which was sought to be challenged by way of an appeal. The Appellate Authority dismissed the appeal and the workmen approached the High Court in Writ Petition No.742 of 2002. The High Court set aside the order of the controlling authority and the Appellate Authority and directed the controlling authority to reconsider the matter on merits, allowing the parties to adduce evidence. After hearing the parties, the controlling authority by its order dated 30-12-2004 allowed the applications filed by the workmen and ordered the payment of gratuity amount of Rs.13,44,099/- along with interest thereon at the rate of 8% per annum. The appellant filed appeal under Section 7(7) of the said Act on 4-11-2005. However, there was delay in filing the appeal and therefore an application for condonation of delay was filed. The application for condonation of delay came to be dismissed an by order dated 12-9-2006. The said order was sought to be challenged by Writ Petition No.3019 of 2006 which came to be dismissed by the learned single Judge by his order dated 11-12-2006. Hence, the present appeal.