Chief Executive Officer, Zilla ... vs Maqsood Ali Syed Ali
2022 Latest Caselaw 6802 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                         WRIT PETITION NO. 2632 OF 2022
                   Chief Executive Officer, Z.P. Amravati and another
                                          -Vs.-
                                 Maqsood Ali Syed Ali
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.S.M.Bhangde, counsel for the petitioners.



                                               CORAM : MANISH PITALE, J.

DATE : 18.07.2022

Heard the learned counsel for the petitioners.

2. The petitioners have approached this Court challenging order dated 10/08/2021, passed by the Appellate Authority under the provisions of the Payment of Gratuity Act, 1972, whereby an application for condonation of delay filed by the petitioners in approaching the Authority, has been rejected.

3. It is brought to the notice of this Court that the judgment order of Controlling Authority is passed on 26/12/2019 and certified copy was received on 04/01/2020. According to the petitioners, the period of 60 days to file appeal is commenced from 23/03/2020 and the petitioner could file the appeal within the extended period of 60 days. The appeal was eventually filed on 23/04/2020.

4. It is the case of the petitioners that the Appellate

KHUNTE 31WP2632.22.odt

Authority was not justified in rendering a conclusion that the petitioners had been negligent in pursuing the matter and that sufficient cause was not demonstrated while seeking condonation of delay.

5. This Court is informed that the amount determined by the Controlling Authority was already deposited and it has been withdrawn by the respondent.

6. In view of the above, issue notice for final disposal, returnable on 30/08/2022.

7. Tag this petition with Writ Petition Nos.2636 and 2637 of 2022.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:19.07.2022 17:48

KHUNTE