PUNJAB STATE CO-OPERATIVE SUPPLY AND MARKETING FEDERATION LTD. Vs. APPELLATE AUTHORITY CONSTITUTED UNDER THE PAYMENT OF GRATUITY ACT

JUDGEMENT

(1.) For the reasons as are mentioned in the application, the same is allowed. Case is restored to its original number and on request is taken up for hearing today.

(2.) Challenge in the writ petition is to order Annexure P-3 dated 29.10.2018 whereby the appeal filed by the petitioner against the decision of the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act') was dismissed by the Appellate Authority on account of the same having been filed after 147 days of receipt of order by the Controlling Authority. Order dated 11.01.2018 passed by the Controlling Authority was received in the office of the petitioner on 15.01.2018. Aggrieved against order dated 11.01.2018 the petitioner filed an appeal praying therein for condonation of delay in filing the appeal. The Appellate Authority vide order dated 29.10.2018 dismissed the same on the ground that under no circumstances the same could be entertained beyond 120 days of the date of order. Accordingly, the appeal was dismissed being time barred.

(3.) Learned counsel contends that the appellate authority dismissed the application for condonation of 33 days delay despite huge delay by the respondent in filing application before the Controlling Authority having been condoned by the Controlling Authority, besides, the matter pertained to Jalandhar and filing of appeal required approval of the head office at Chandigarh, therefore, sufficient cause was made out for condoning delay in filing the appeal but the learned appellate authority failed to take the aforementioned aspect of the matter into account, therefore the impugned order is liable to be set aside, delay in filing the appeal condoned and the matter remitted to the appellate authority to decide the appeal in accordance with law.