J V DALAL Vs. PLASTPEEL CHEMICALS

JUDGEMENT

(1.) The petitioner was employed as a Chemist on 23rd April, 1960 by the respondent No. 1 Company. He resigned from his job on 28th February, 1973 making it effective from 1st March, 1973. On the very date of his resignation, he made an application to his employer-respondent No. 1 for payment of Rs. 5,850 towards gratuity amount due to him for his 13 years' service. There was no response. He filed an application on 9th April, 1975 being Application No. (PGA) 145 of 1975 under S. 7 of the Payment of Gratuity Act, 1972 (hereinafter referred to as the "Act") to the "Controlling Authority", respondent No. 2. The respondent No. 1 contested his claim on the grounds, amongst others, that the petitioner was not a workman and that there was no compliance with Rule 7 of the Payment of Gratuity (Maharashtra) Rules, 1972 (hereinafter referred to as the "Rules").

(2.) By his order dated 20th July, 1976, the respondent No. 2 adjudged the petitioner to be worker and that there was compliance with Rule 7 of the Rules. He, however, dismissed the application on the ground of it not having been filed within 90 days, as required under Rule 10(1)(iii) of the Rules. The Controlling Authority also observed that no application for condoning the delay was made to him. The validity of this order is challenged before us by the petitioner in this Special Civil Application under Arts. 226 and 227 of the Constitution of India.

(3.) Mr. Bhatkal, the learned advocate for the petitioner, stated at the out set that the cause of action in the case having exclusively arisen in greater Bombay, he would confine his argument to the relief under Art. 227 of the Constitution of India as claim under Art. 226 is liable to be heard only by the original side of this Court in view of the rules in this behalf.