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WESTERN INDIA COAL FIELDS LTD

Vs

CONTROLLING AUTHORITY

2000 (II) LLJ 965

[HC-MP]

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IS THERE ANY TIME LIMIT FOR THE EMPLOYER TO FILE AN APPEAL AGAINST THE RULING OF THE CONTROLLING AUTHORITY UNDER THE GRATUITY ACT

HAS THE APPELLATE AUTHORITY THE POWER TO CONDONE THE DELAY AND ACCEPT PETITIONS BEYOND THE PRESCRIBED PERIOD

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AS PER SECTION 7(7) OF THE GRATUITY ACT AN APPEAL IS TO BE FILED WITHIN 60 DAYS

APPELLATE AUTHORITY HAS DISCRETION TO CONDONE DELAY FOR 60 MORE DAYS

THE WORDING OF SECTION 7(7) PRECLUDES ANY SCOPE FOR GRANTING EXTENSION BEYOND A TOTAL OF 120 DAYS

APPEALLATE AUTHROITY CANNOT ENTERTAIN AN APPEAL PETITION BEYOND 120 DAYS.

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KRISHNENDU NARAYAN GHOSH 

Vs

UNION OF INDIA

[2000 (86) FLR 566 [HC-CAL]

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THE SERVICE RULES OF THE ORGANISATION PROVIDED FOR INITIATING OR COMPLETING A DOMESTIC ENQUIRY AFTER THE SUPERANNUATION OF AN EMPLOYEE

THE ENQUIRY WAS COMPLETED AFTER HIS SUPERANNUATION AND THE EMPLOYEE WAS FOUND GUILTY

EMPLOYER DECIDED TO WITHHOLD GRATUITY TOWARDS COST OF DAMAGES PROVED IN THE ENQUIRY

ON THE EMPLOYER REFUSING TO PAY HIS GRATUITY, HE FILED A SUIT CHALLENGING THE MANAGEMENT ACTION

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GRATUITY ACT CONTEMPLATES WITHHOLDING OF GRATUITY ONLY IF AN EMPLOYEE'S SERVICES ARE TERMINATED IN THE CIRCUMSTANCES  CONTEMPLATED UNDER SECTION 4(6) OF THE PAYMENT OF GRATUITY ACT 1972.

SECTION 4(6) OF THE GRATUITY ACT DOES NOT VISUALISE A TERMINATION AFTER THE SUPERANNUATION OF AN EMPLOYEE

EVEN IF THE RULES ALLOW CONTINUATION OF AN ENQUIRY AFTER SUPERANNUATION, SECTION 14 OF THE GRATUITY ACT EXPRESSLY BARS ANY WITHHOLDING OF GRATUITY AFTER SUPERANNUATION EVEN IF THE CONDUCTING OF  THE ENQUIRY IS VALID UNDER ANY RULE OR LAW

HENCE NO WITHHOLDING OF GRATUITY CAN BE MADE FOR ANY TERMINATION AFTER THE SUPERANNUATION

Note :  Since all employees irrespective of salary/grade are now covered under the Gratuity Act, this bar will be of  benefit to all categories/levels of employees.

Section 14 of the P.G.Act reads as follows:

"14. Act to override other enactments, etc -  The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument or contract having effect by virtue of any enactment other than this Act".