GENERAL MANAGER Vs. PRITPAL SINGH

JUDGEMENT

(1.) Shri Greeshm Jain, learned counsel for the petitioner. Shri Om Prakash Tiwari, learned Counsel for the respondent No. 1. Shri Devesh Bhojane, learned Counsel for the respondent No. 2 and 3.

(2.) Petitioner - South Eastern Coalfields Limited through the General Manager has taken exception to the order passed by the Appellate Authority(Regional Labour Commissioner) under the Payment of Gratuity Act setting aside the order passed by the Controlling Authority (Assistant Labour Commissioner) dismissing the claim of the respondent No.1 - workman seeking payment of gratuity payable to his father died on 07.03.1982 for the services rendered by him. The Controlling Authority has dismissed the claim on the ground of delay and laches as according to it, the application for release of gratuity payable to the father of the applicant was barred by time having been filed after 32 years, since the time the deceased employee namely Late Rummurat Singh had passed away.

(3.) The Appellate Court while setting aside the order passed by the Controlling Authority has observed that as a matter of fact, it is the obligation of the employer to ensure payment of gratuity to its retiring employees within 30 days from the date of retirement relying upon provisions as contained under sections 4 and 6 of the Payment of Gratuity Act, 1972. The learned Authority has also observed that the aforesaid enactment is a piece of social welfare legislation for protection of rights and interest of the employees. As such, the provisions therein have to be interpreted purposedly and no technical or hyper-technical approach should be permitted to be adhere to while interpreting the provisions thereunder in the matter extension of the benefits of gratuity to its employees. With the aforesaid understanding of law, the Authority has condoned the delay and further ordered to the Controlling Authority for release of the amount of gratuity.