Delhi High Court - Orders
Central Public Work Department vs Pyarelal & Anr on 24 September, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:27.09.2021 14:47:37
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10858/2021
CENTRAL PUBLIC WORK DEPARTMENT ..... Petitioner
Through: Mr. Anil Dabas, Advocate.
(M:9953877332)
versus
PYARELAL & ANR. ..... Respondent
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 24.09.2021
1. This hearing has been done through hybrid mode. CM APPL. 33519/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 10858/2021 & CM APPL. 33520/2021 (for interim stay)
3. The present petition challenges the impugned order dated 12th January, 2021 passed by the Appellate Authority under the Payment of Gratuity, 1972 (hereinafter "the Act), whereby the appeal against order dated 15th November, 2019 has been dismissed on the ground of being barred by limitation.
4. Vide order dated 15th November, 2019, passed by the Controlling Authority under Section 7(4)(c) of the Act, in Claim Application No. ALC- III/36(100)/2018 titled Sh. Phool Chand v. The Management of Central Public Works Department, a sum of Rs. 1,85,007/- as balance gratuity for muster roll period, has been directed to be paid by the Petitioner/CPWD along with simple interest @ 10% per annum from the date it has become payable i.e., 30th April, 2018 till the date when it is paid to the Respondent/Workman. A perusal of the impugned order dated 15th W.P.(C) 10858/2021 Page 1 of 4 Digitally Signed By:DEVANSHU JOSHI Signing Date:27.09.2021 14:47:37 November, 2019 shows that the Controlling Authority has held that the Workman is entitled to full amount of gratuity and not merely 50%. The operative portion of the Controlling Authority's order dated 15th November, 2019 reads as under:
"In view of the above findings and observations, this Controlling Authority directs the non-applicant to pay the applicant a sum of Rs. 1,85,007/- (Rs. One Lakh Eighty Five Thousand Seven Rupees Only ) as balance gratuity for Muster roll period, along with simple interest @ 10% per annum on the said amount as per section 7 (3-A) of the Payment of Gratuity Act, 1972 from the date it became payable i.e. 30-04-2018 to till the date when it is paid to the applicant. However, in view of Proviso to Section 8 of the Payment of Gratuity Act, it is made clear that the amount of interest payable, in no case exceed the amount of gratuity payable under the Act.
Given under my hand and seal on this 15th day of November, 2019."
5. Mr. Dabas, ld. counsel for the Petitioner/CPWD submits that the delay in filing the appeal was due to the Covid-19 pandemic, as also the various approvals which the Petitioner had to get from the competent authorities to file the appeal. He also relies upon an Office Memorandum (hereinafter 'OM') dated 16th October, 2018 issued by the Petitioner/CPWD, in relation to counting of past service rendered by the Workmen on muster roll.
6. Heard. The order of the Controlling Authority under the Act was passed on 15th November, 2019 and thus, as per Section 7(7) of the Act, the period of limitation to file an appeal against the said order would be 60 days. The proviso to Section 7(7) of the Act also gives a further 60 days of W.P.(C) 10858/2021 Page 2 of 4 Digitally Signed By:DEVANSHU JOSHI Signing Date:27.09.2021 14:47:37 extension for filing an appeal against the order of the Controlling Authority. Considering the maximum period of 120 days as stipulated by Section 7(7) of the Act, the period of limitation for filing an appeal before the Appellate Authority under the Act, clearly ended prior to the outbreak of the Covid-19 pandemic on 15th March, 2020. Thus, the Covid-19 pandemic cannot be stated as a reason for non-filing of the said appeal. The justification given in the application seeking condonation of delay filed by the Petitioner/CPWD before the Appellate Authority reads as under:
"2. That it is humbly submitted that there is a delay of approximately one year days occurred in filing the present appeal on the ground that Covid-19 pandemic, procuring documents and preparation of appeal and sending to approval to the comptenant authority of department to file the present appeal. It is submitted that some time also took for preparing of the present appeal. "
7. The above ground too cannot be a valid ground for condoning the delay in filing the appeal, especially when it involves amounts relating to gratuity which are for the benefit of the Respondent/Workman.
8. Moreover, even the Office Memorandum (hereinafter 'OM') dated 16th October, 2018 which is relied upon by the Petitioner/CPWD does not find a mention in the impugned order dated 15th November, 2019. It is, thus, not clear as to whether the said OM was even brought to the notice of the Controlling Authority, whether the same was even applicable and what would be the effect thereof.
9. Under such circumstances, considering the amount involved, this Court is not inclined to entertain the present petition. However, it is made clear that the present order shall not operate as a precedent.
W.P.(C) 10858/2021 Page 3 of 4Digitally Signed By:DEVANSHU JOSHI Signing Date:27.09.2021 14:47:37
10. Let the amount in terms of the impugned order dated 15th November, 2019 be released to the Respondent/Workman within a period of six weeks. No further interest would be liable to be paid if the said amount is released within six weeks, failing which, interest @ 6% per annum would be liable to be paid on the entire amount after the period of six weeks.
11. With these observations, the present petition, along with all pending applications, is disposed of.
12. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
PRATHIBA M. SINGH, J.
SEPTEMBER 24, 2021 dj/ad W.P.(C) 10858/2021 Page 4 of 4