LAWS(APH)-2003-10-26

VENSA BIOTECH LIMITED Vs. BODDA RAMBABU

Decided On October 27, 2003
VENSA BIOTECH LIMITED Appellant
V/S
BODDA RAMBABU Respondents

JUDGEMENT

(1.) The Respondent in the C.R.P-Boddu Rambabu moved an application C.M.P.No.22652 of 2003 to vacate the interim stay granted by this court on 8.8.2003 in C.M.P.NO. 17523 of 2003 in C.R.P.No.3724 of 2003. Both the counsel on record had advanced elaborate arguments and requested for final disposal of the C.R.P. and that is how the C.R.P.is being finally disposed of.

(2.) M/s Vensa Bioteck Limited, the revision petitioner aggrieved by the order made by the Controlling Authority under the Payment of Gratuity Act, 1972 and Assistant Commissioner of Labour, Rajahmundry made in P.G.M.P.No. 1A of 2002 in P.G.No. 1 of 2003 dated 15.6.2003 had preferred the present C.R.P. under Article 227 of the Constitution of India. By the impugned order, the concerned authority had condoned the delay of 266 days in making application under Rule 10 of the Payment of Gratuity (Andhra Pradesh) Rules, 1972.

(3.) Sri S.Subba Reddy, learned counsel representing the revision petitioner had drawn the attention of this Court that the Controlling Authority under the Payment of Gratuity Act 1972 (hereinafter in short called as "the Controlling Authority") had condoned the delay of 266 days on an application made under sub-rule (1) of rule 10 of the Andhra Pradesh Payment of Gratuity Rules, 1972 without any cause much less sufficient cause. The learned Counsel also submitted that the provisions of the Limitation Act, 1963 are not applicable to such applications and strong reliance was placed on the judgment of WARANGAL DISTRICT COOPERATIVE SOCIETY LIMITED v. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972 AND OTHERS.