Courts Update U'khand HC allows plea of Bank under Payment of...

U’khand HC allows plea of Bank under Payment of Gratuity Act

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Nainital, May 18 (ILNS) The Uttarakhand High Court has allowed the petition of a Bank, challenging the order passed by the Deputy Chief Labour Commissioner (Central), Dehradun under Section 7(7) of Payment of the Gratuity Act, 1972.

The petition has been filed by the Canara Bank (Erstwhile Syndicate Bank), challenging the order passed by the Appellate Authority/Deputy Chief Labour Commissioner (Central), Dehradun under Section 7(7) of Payment of Gratuity Act, 1972, by which the petitioner’s appeal, filed on January 29, 2021 against the order of the Controlling Authority, has been dismissed on the ground of delay.

The facts of the matter is that one Chandra Prakash Bisht 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 February 28, 2020 provided that respondent is entitled to a sum of Rs 15,04,892 as gratuity and necessary direction for payment of the said amount was issued to the petitioner.

The order passed by the Controlling Authority was communicated to the petitioner on July 3, 2020.

Feeling aggrieved by the order passed by the Controlling Authority, petitioner filed an appeal under Section 7 (7) of the Act before the Appellate Authority in the month of January, 2021.

The said appeal has been dismissed on the ground of delay, by holding that the limitation for filing appeal expired in the month of November, 2020, therefore, the appeal cannot be entertained at this belated stage. Thus, feeling aggrieved, the petitioner has approached the High Court.

Siddhartha Sah, Counsel for the petitioner, relied upon the order dated March 23, 2020 passed by the Supreme Court in Suo Motu Writ Petition (Civil) No 3 of 2020, (in Re: cognisance for extension of limitation). By the said order, it was provided that the period of limitation in all proceedings shall stand extended w.e.f. 15.03.2020 till further orders, in view of the situation arising due to Covid-19 virus.

Shashank Upadhyaya, Counsel for the respondent, submitted that the petitioner is entitled to benefit of the order passed by the Supreme Court and the writ petition may be allowed on this ground alone.

A Single Bench of Justice Manoj Kumar Tewari, while considering the petition, opined that the Appellate Authority was not justified in dismissing the appeal on the ground of delay and in view of the order passed by the Apex Court.

“In such view of the matter, the order dated February 5, 2021 is liable to be quashed and the same is hereby quashed. The writ petition stands allowed and the matter is remitted back to the
Appellate Authority for decision on petitioner’s appeal on merits, as early as possible; but, not later than four months from the date of production of certified copy of this order”, the order read. ILNS/SHV/RJ

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