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Judgment
Manoj Kumar Tiwari, J
Since the document enclosed as Annexure No.-4 to the writ petition is readable, therefore, the defect, as pointed out by the Registry, is overruled.
This writ petition has been filed challenging the order passed by Appellate Authority/Deputy Chief Labour Commissioner (Central), Dehradun under
Section 7(7) of Payment of Gratuity Act, 1972. By the impugned order, petitioner’s appeal, filed on 29.01.2021 against the order of Controlling
Authority, has been dismissed on the ground of delay.
It transpires that respondent filed an application claiming gratuity under Section 4 of Payment of Gratuity Act. The said application was allowed and
the Controlling Authority, vide order dated 28.02.2020 provided that respondent is entitled to a sum of Rs. 15,30,772/- 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 03.07.2020.
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, petitioner has
approached this Court.
Learned counsel for the petitioner has relied upon the order dated 23.03.2020 passed by Hon’ble Supreme Court, in Suo Moto Writ Petition
(Civil) No. 3 of 2020, (in Re: cognizance 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.
Learned counsel for respondent very fairly submits that petitioner is entitled to benefit of the order passed by Hon’ble Supreme Court in Suo
Moto Writ Petition (Civil) No. 3 of 2020 and the writ petition may be allowed on this ground alone.
This Court is also of the opinion that learned Appellate Authority was not justified in dismissing the appeal on the ground of delay and in view of the
order passed by Hon’ble Supreme Court, the appeal filed by the petitioner deserved to be heard and decided on merits.
In such view of the matter, the impugned order dated 05.02.2021 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.