The Vice Chancelloer Vasantrao Naik Marathwada Krashi Vidyapeeth Parbhani And Another v. Gangubai Rambhau Kale

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 3787 OF 2024 IN WP/4003/2024 The Vice Chairman Vasantrao Naik Marathwada Krushi Vidyapeeth Parbhani And Another And Another

VERSUS

Pralhad Shankar Khating WITH CIVIL APPLICATION NO. 3796 OF 2024 IN WP/3973/2024 The Vice Chancelloer Vasantrao Naik Marathwada Krashi Vidyapeeth Parbhani And Another

VERSUS

Gangubai Rambhau Kale WITH WRIT PETITION NO. 4003 OF 2024 The Vice Chancellor Vasantrao Naik Marathwada Krashi Vidyapeeth Parbhani And Another

VERSUS

Pralhad Shankar Khating WITH WRIT PETITION NO. 3973 OF 2024 The Vice Chancelloer Vasantrao Naik Marathwada Krashi Vidyapeeth Parbhani And Another

VERSUS

Gangubai Rambhau Kale WITH WRIT PETITION NO. 6277 OF 2024 The Vice Chancellor Vasantrao Naik Marathwada Krashi Vidyapeeth Parbhani And Another

-2VERSUS Sulochna Bhagoji Dudhare ...

WITH WRIT PETITION NO. 6276 OF 2024 The Vice Chancellor Vasantrao Naik Marathwada Krashi Vidyapeeth Parbhani And Another

VERSUS

Rukminbai Damodar Gire ...

Mr. Kausalye S. P., Advocate for the Petitioners/Appellants Mr. Vijay Parag, Advocate for R/Sole ...

CORAM : ROHIT W. JOSHI, J.

DATED :

25th JULY 2025 ORAL JUDGMENT :- 1.

These petitions arise out of orders passed by the learned Industrial Court rejecting the application for condonation of delay filed by the petitioner in preferring appeal under Section 7(7) of the Payment of Gratuity Act, 1972.

2.

It is undisputed that in each of these cases the delay is more than 120 days. In view of Section 7(7) of the Payment of Gratuity Act, 1972 the outer limit for condonation of delay is 120 days. 3.

It is well settled that when statute prescribes an outer limit for condonation of delay, delay beyond the said period cannot be

-3condoned. Apart from this, the only explanation offered by the petitioners is that vide notification dated 16.04.2019 the Competent Authority and Appellate Authority which were earlier Labour Court and Industrial Court respectfully were altered and the same were notified as Assistant Labour Commissioner and Labour Commissioner respectively. It is not the case of the petitioners that in view of the notification, appeal was filed before any wrong forum therefore the explanation also does not merit consideration for delay of inordinate period of over two years in each case.

4.

In that view of the matter, the order passed by the learned Industrial Court does not call for any interference. 5.

Writ petitions are dismissed.

6.

Pending Civil Applications, if any, stand disposed of. [ROHIT W. JOSHI, J.]