Case Note & Summary
The petitioner, Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, challenged the order of the Industrial Court (appellate authority) dated 28.11.2016, which rejected its appeal under Section 7(7) of the Payment of Gratuity Act, 1972 as barred by limitation. The Controlling Authority had passed an order on 14.3.2016, and the petitioner filed an appeal on 18.11.2016, beyond the 60-day limitation period. The appellate authority held that it had no jurisdiction to condone delay beyond 60 days. The petitioner argued that the High Court under Article 226 could enlarge the limitation period. The Court, however, dismissed the petition, holding that the appellate authority correctly rejected the appeal as the limitation period under Section 7(7) is 60 days and cannot be extended. The Court also noted that it cannot exercise its extraordinary jurisdiction to circumvent the statutory limitation.
Headnote
A) Gratuity - Limitation for Appeal - Section 7(7) Payment of Gratuity Act, 1972 - The issue was whether the appellate authority under Section 7(7) can entertain an appeal beyond the prescribed limitation period of 60 days. The Court held that the appellate authority has no jurisdiction to condone delay beyond 60 days, and the High Court under Article 226 cannot enlarge the statutory limitation period. (Paras 4-8)
Issue of Consideration
Whether the Appeal filed under Section 7(7) of the Payment of Gratuity Act, 1972 before the appellate authority could be entertained beyond the limitation period.
Final Decision
Writ petitions dismissed. The order of the Industrial Court dated 28.11.2016 rejecting the appeal as barred by limitation is upheld.
Law Points
- Limitation period for appeal under Section 7(7) of Payment of Gratuity Act
- 1972 is 60 days
- Appellate Authority cannot condone delay beyond 60 days
- High Court under Article 226 cannot enlarge statutory limitation period
Case Details
2016 LawText (BOM) (10) 193
Writ Petition No. 12526 of 2016 and Writ Petition No. 12545 of 2016
Shri G.D. Kale and Shri S.H. Panchal for Petitioners, Dr. C.S. Tembhurnikar for Respondents
Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, Nanded
Narhar Pralhadrao Kulkarni and Namdev Maneji Tidke
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Nature of Litigation
Writ petition challenging order of appellate authority rejecting appeal as barred by limitation under Payment of Gratuity Act, 1972.
Remedy Sought
Petitioner sought to challenge the order of Controlling Authority dated 14.3.2016 by filing appeal before Industrial Court, which was rejected as time-barred; then filed writ petition under Article 226.
Filing Reason
Appeal filed beyond 60-day limitation period; appellate authority held it had no power to condone delay beyond 60 days.
Previous Decisions
Controlling Authority passed order on 14.3.2016; appeal filed on 18.11.2016; Industrial Court rejected appeal on 28.11.2016.
Issues
Whether the appellate authority under Section 7(7) of Payment of Gratuity Act, 1972 can entertain an appeal beyond the limitation period of 60 days.
Whether the High Court under Article 226 can enlarge the statutory limitation period.
Submissions/Arguments
Petitioner argued that the High Court under Article 226 has unlimited jurisdiction and can enlarge the limitation period.
Petitioner relied on Gujarat High Court judgment in GSRTC matter.
Ratio Decidendi
The appellate authority under Section 7(7) of the Payment of Gratuity Act, 1972 has no jurisdiction to condone delay beyond the prescribed 60-day limitation period. The High Court under Article 226 cannot enlarge the statutory limitation period.
Judgment Excerpts
The issue raised for the decision of this Court is as to whether the Appeal filed under Section 7(7) of the Payment of Gratuity Act, 1972 before the appellate authority, could be entertained beyond the limitation period.
The petitioner in both these matters is aggrieved by the order dated 28.11.2016, by which, it has concluded that the Appeal filed by the petitioner for challenging the judgment of the Controlling Authority beyond the limitation period cannot be entertained as the Appellate Authority does not have the jurisdiction to condone delay beyond 60 days.
Procedural History
Controlling Authority passed order on 14.3.2016. Petitioner filed appeal before Industrial Court on 18.11.2016. Industrial Court rejected appeal on 28.11.2016 as barred by limitation. Petitioner filed writ petitions under Article 226 on 20.12.2016.
Acts & Sections
- Payment of Gratuity Act, 1972: Section 7(7)
- Constitution of India: Article 226
