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Petition Filed in High Court of Uttarakhand Under Section 7(7) Of Payment of Gratuity Act

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Facts

The respondent filed an application claiming gratuity under Section 4 of the Payment of Gratuity Act. The said application was allowed and the Controlling Authority, vide order dated 28.02.2020 provided that respondent was entitled to a sum of ` 15, 04,892/- as gratuity and necessary direction for payment of the said amount was issued to the petitioner. Feeling dissatisfied by the order passed by the Controlling Authority, the petitioner filed an appeal under Section 7 (7) of the Act before the Appellate Authority in January 2021. The said appeal was dismissed on the ground of delay. And they further said that the limitation for filing appeal expired in November 2020, therefore, the appeal could be entertained at this belated stage. Thus, feeling aggrieved, the petitioner had approached this Court.

Contentions

Learned counsel for the petitioner had relied upon the order dated 23.03.2020 passed by Hon’ble Supreme Court, in Suo Moto Writ Petition In Re: cognizance for extension of limitation. It was provided that the period of limitation in all proceedings should stand extended dated 15.03.2020 till further orders, because of the situation arising due to the Covid-19 virus.

Learned counsel for the respondent submitted that the petitioner was entitled to benefit in Suo Moto Writ Petition (Civil) No. 3 of 2020 and the writ petition might be allowed on this ground alone.

Court’s Observation

The Court observed that learned Appellate Authority was not justified in dismissing the appeal on the ground of delay and given the order passed by Hon’ble Supreme Court, the appeal filed by the petitioner deserved to be heard and decided on merits.

Court’s Decision

The writ petition was allowed and the matter was remitted back to the Appellate Authority for the decision on the petitioner’s appeal on merits.

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