JAGDISH BHUNIYA Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) HEARD counsel for the petitioner and the counsel for the respondent BCCL.

(2.) CHALLENGE in this writ application is to the order dated March 3, 2005 passed in P.O. Appeal No. 75 of 2004 by the Regional Labour Commissioner, Central, Dhanbad (respondent No. 4), whereby the appeal preferred by the petitioner/appellant against the order dated May 6, 2004 passed by the Assistant. Labour Commissioner, Central -cw/w -Controlling Authority, Dhanbad, was dismissed.

(3.) LEARNED counsel for the petitioner would explain, by reference to Rule 11(4) of the Payment of Gratuity (Jharkhand Rules), 2001, that as per the mandatory provisions, a copy of the finding recorded by the Controlling Authority, had to be given to each of the parties. In the present case, though the order of dismissal on default was passed by the Controlling Authority on May 6, 2004 and that too, apparently without the petitioner's knowledge but neither the copy of the order was communicated, nor served to him. It was only in the month of December 2004 that the petitioner had received the copy of the order which was forwarded to him by post. Nevertheless, the petitioner having obtained the earlier information, though after lapse of more than 120 days of date of order, had filed his appeal before the Appellate Authority, stating the ' reason for the delay and also filing a petition for condoning the delay, if any. Learned counsel adds further that as a matter of fact, there was no delay whatsoever in filing the appeal since, the ; period of limitation has to be computed only from the date of service of the order and not from the date of the order which was passed without the knowledge of the petitioner.