Indian Bank vs Baba Sakharam Kharbade and Others

Heard counsel for the parties.

The appellant wanted to challenge the order of the Controlling Authority dated July 6, 2006 directing payment of gratuity to respondent No. 1. However, the appeal was preferred beyond 120 days from the date of order. Hence the appellate authority did not entertain the appeal. The learned single Judge held that the appellate authority had no jurisdiction to condone the delay in preferring the appeal beyond 120 days. In J.L. Morrison India Ltd. Vs. Dy. Commissioner of Labour, Appellate Authority under the Payment of Gratuity Act, 1972, Asst. Commissioner of Labour, Controlling Authority under the Payment of Gratuity Act, 1972 and Government of Maharashtra, , the Division Bench of this Court held that the appellate authority under Gratuity Act cannot entertain appeal beyond 120 days from the date of receipt of the order and that resort to Section 5 of the Limitation Act is impermissible. In view of this clear position of law, we see no merit in the appeal. The same is, therefore, dismissed.