Allahabad High Court
M/S Baghpat Co-Operative Sugar Mills ... vs State Of U.P. And 2 Others on 26 November, 2019
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 59 Case :- WRIT - C No. - 38313 of 2019 Petitioner :- M/S Baghpat Co-Operative Sugar Mills Limited Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Pandey Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the petitioner and Sri Shreeprakash Singh, learned Standing Counsel for respondents 1 and 2.
The instant petition is directed against the order dated 22.8.2019 passed by the appellate authority under the provisions of Payment of Gratuity Act, 1972, dismissing the appeal filed by the petitioner under Section 7(7) of the Act as barred by limitation. The petitioner has also prayed for a mandamus directing the Appellate Authority to condone delay of 258 days and hear the appeal on merits.
Counsel for the parties agree that the issue as to whether provisions of Section 5 of the Limitation Act would get attracted for condoning the delay in filing appeal beyond the statutory period is covered by the judgement passed today in Writ-C No.38225 of 2019 M/s. Baghpat Co-Operative Sugar Mills Ltd. vs. State of U.P. and others.
While deciding the said case, this Court has held that the provisions of the Limitation Act would not apply and the order passed by the Appellate Court has been upheld.
For the reasons given in the said judgement, the instant petition is also dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 26.11.2019 skv