PARADIP PORT TRUST Vs. BRAJA @ BRAJA BIHARI SUBUDHI

JUDGEMENT

(1.) This matter is taken up by video conferencing mode.

(2.) Heard Mr. G. Mishra, Senior Counsel appearing along with Mr. D.K. Patra, learned counsel for the petitioner; learned Central Government Counsel; and learned counsel appearing for private opposite party.

(3.) The employees of Paradeep Port Trust approached the Controlling Authority, under the Payment of Gratuity Act, 1972-cum- Regional Labour Commission (Central), Bhubaneswar by filing application claiming for interest on the gratuity amount towards delayed payment and after due adjudication, the authority directed to pay the interest on the delayed payment of gratuity in their favour. The same was challenged by Paradeep Port Trust before the appellate authority under the Payment of Gratuity Act-cum-Regional Labour Commissioner by preferring appeal under Sec. 7(7) of the P.G. Act, 1972. The appellate authority dismissed the appeal on the ground that the petitioner has not complied the mandatory requirement in preferring the appeal and consequentially the order passed by the controlling authority made confirmed and directed to pay the interest on the delayed payment of gratuity, which is the subject matter of challenge in the present application.