HSMITC LTD. Vs. M.R. ARORA AND ORS.

JUDGEMENT

(1.) Challenge in this writ petition is to the order dtd. 15/1/2014 (Annexure P-15) passed by the Appellate Authority under the Payment of Gratuity Act-cum-Deputy Labour Commissioner, Panipat-respondent No. 2, whereby appeal preferred by Sh. M.R.Arora-respondent No. 1 under the Payment of Gratuity Act challenging the order dtd. 10/3/2006 passed by the Controlling Authority under the Payment of Gratuity Act, 1972, Karnal, which appeal was beyond the period of limitation prescribed, has been entertained by condoning the delay of about 6 years and thereafter, granting interest on delayed payment of gratuity.

(2.) It is the contention of the learned counsel for the petitioner that respondent No. 1-Sh. M.R.Arora filed an application under the Payment of Gratuity Act for release of his gratuity. The said application was entertained by the controlling authority under the Payment of Gratuity Act, 1972, Karnal and an order dtd. 10/3/2006 (Annexure P-8) was passed. Referring to the application, which has been filed by respondent No. 1 before the competent authority, he asserts that respondent No. 1 had claimed interest @18% per annum from the date of his retirement till the realization of amount. The Controlling Authority, vide order dtd. 10/3/2006, granted the gratuity amount to respondent No. 1, which was assessed as Rs.95,088.00 with further liberty to adjust the amount of excess paid, if any, on account of leave encashment beyond the permissible limits of leave encashment. The said amount was to be paid to respondent No. 1 within a period of 30 days, failing which the petitioners were liable to pay simple interest @8% per annum from the date of the order till its realization on the awarded amount. Respondent No. 1 chose not to challenge this order whereas the petitioner- Haryana State Minor Irrigation and Tubewells Corporation Ltd. challenged the same in appeal, which was dismissed by the Appellate Authority vide order dtd. 31/1/2007 (Annexure P-9). Petitioner, thereafter, filed a writ petition i.e. CWP No. 9027 of 2007 titled as Haryana State Minor Irrigation and Tubewells Corporation Ltd vs. M.R.Arora and others, which was dismissed by this Court on 12/8/2008 (Annexure P-10) followed by dismissal of SLP and then the review petition on 4/9/2012 (Annexure P-11).

(3.) In all these proceedings, respondent No. 1 did not agitate with regard to non-grant of interest to him by the Controlling Authority, Karnal and preferred an appeal against the order dtd. 10/3/2006 (Annexure P-8) passed by the Controlling Authority, Karnal on 2/7/2013. There was an inordinate delay on the part of respondent No. 1 in filing the appeal, which has been condoned by the Appellate Authority taking into consideration the fact that the petitioner, after passing of the order dtd. 10/3/2006, had challenged the same up to the Supreme Court and it is on finalization of the said proceedings that respondent No. 1 has filed the appeal. The explanation, which is being sought to be projected, was on the pretext that respondent No. 1 would only be entitled to interest after the finalization of the amount of gratuity as was determined by the Controlling Authority. The Appellate Authority accepted the said contention of respondent No. 1 and after condoning the delay in filing the appeal, proceeded to allow the said appeal entitling him to interest @12% per annum as per the order of the Controlling Authority i.e. from the date of the order till the realization of the said amount. It is this order which is challenged by the petitioner by filing the present writ petition.