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Madras High CourtWP/20974/2014allowed

The Management, v. The Appellate Authority,

2017-12-15Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15-12-2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20974 of 2014 The Management, Tamil Nadu State Transport Corporation Ltd., (Salem Division), Dharmapuri Regional, Bharathipuram, Dharmapuri-5 Represented by its General Manager.

..Petitioner -vs1. The Appellate Authority, (Under Payment of Gratuity Act, 1972) (O/o.Joint Commissioner of Labour), Coimbatore-18.

2. The Controlling Authority, (Under Payment of Gratuity Act, 1972) (O/o.Assistant Commissioner of Labour), Salem.

3.S.Subramanian 4.V.Pachalingam 5.P.Arumugam 6.P.Kaliappan 7.R.Govindharaj 8.P.Francis 9.K.Kaveri 10.R.Saminathan 11.S.Sadasivam 12.D.G.Saidyunoos

13.S.A.Saffi 14.A.Balaraman 15.I.Basha 16.K.Pandurangan 17.G.Jeyakumar 18.T.Parasuraman 19.K.C.Krishnamurthy 20.K.Kumar 21.C.Mohan 22.P.Mohan 23.A.Marimuthu 24.K.Mani 25.C.Murugesan ( R-3 to R-25 are at the C/o.Pon.Ramani, Advocate, No.44A, Mariamman Koil Street, Balaji Avenue, Hasthampatty, Salem-7) ..Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent in ND's 3048/14 dated 16.6.2014 and to quash the same and consequently direct the first respondent to take the Appeal. For Petitioner - Mr.P.Paramasiva Doss For Respondents 1 and 2 - Court For Respondents 3, 4, 6, 9, 14, 15, 18, 19, 21, 23 and 25 - Mr.R.M.D.Nasrullah For Respondents 5, 7, 8, 10, 11, 12, 13, 16, 17, 20, 22 and 24 - No Appearance

ORDER

The order of the first respondent issued in ND's 3048/14 dated 16.6.2014, is under challenge in this writ petition.The management of the Tamil Nadu State Transport Corporation of Salem Limited, is the writ petitioner.

2. The grievances of the writ petitioner is that they have preferred an appeal before the Joint Commissioner of Labour under the provisions of the Payment of Gratuity Act, 1972. However, there is a delay in filing the appeal. Thus, the Appellate Authority, namely, the Joint Commissioner of Labour, Coimbatore, returned the appeal papers on the ground that the appeal has been filed on 2.4.2014, which is beyond 120 days from the date of receipt of the order. On this ground, the Appellate Authority returned the papers and the writ petitioner has moved the present writ petition before this Court.

3. The learned counsel, appearing on behalf of the respondents, opposed the contentions of the learned counsel for the writ petitioner, by stating that the appeal was filed belatedly and therefore, the Appellate Authority has rightly returned the papers to the writ petitioner and there is no infirmity in the order.

4. This Court is of the opinion that the right of appeal under the Payment of Gratuity Act, is a statutory one and the writ petitioner has to be provided with an opportunity to adjudicate the issues on merits before the Appellate Authority. No doubt, the appeal is filed beyond 120 days from the date of receipt of the copy of the order. However, in the interest of justice, the delay is to be condoned and the Appellate Authority is to be permitted to proceed with the appeal, on merits and in accordance with law, by providing an opportunity to the parties concerned.

5. In this view of the matter, the order impugned in this writ petition passed by the first respondent in ND's 3048/14 dated 16.6.2014, is quashed and the first respondent is directed to take the appeal on file and number the same and proceed with the hearing of the appeal on merits and in accordance with law, by affording opportunities to all parties concerned and pass orders, within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, the writ petition stands allowed. However, there shall be no order as to costs.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar Svn

To

1. The Appellate Authority, (Under Payment of Gratuity Act, 1972) (O/o.Joint Commissioner of Labour), Coimbatore-18.

2. The Controlling Authority, (Under Payment of Gratuity Act, 1972) (O/o.Assistant Commissioner of Labour), Salem.

+1 CC to Mr.P.Paramasiva Doss, Advocate sr 90672. +1 CC to Mr.K.V. Shanmuganathan, Advocate sr 90225. WP 20974 of 2014 SP(21/12/2017)