Delhi High Court
Public Works Department vs Smt. Punia And Anr & Ors. on 10 November, 2022
Neutral Citation Number 2022/DHC/004848
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15400/2022
PUBLIC WORKS DEPARTMENT ..... Petitioner
Through: Mr. Bharat Singh Sisodia, Advocate.
versus
SMT. PUNIA AND ANR. ..... Respondents
Through: Mr. Manoj Joshi, Advocate for
respondent No.l.
Ms. Rachita Garg, Adv for respondent
No.2.
% Date of Decision: 10th November, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CM APPL. 47854/2022, CM APPL. 47855/2022 CM APPL. 47856/2022
CM APPL. 47857/2022 (exemptions)
Exemptions allowed subject to all just exceptions.
W.P.(C) 15400/2022 & CM APPL.47853/2022 (stay)
1. The present writ petition has been filed challenging the order dated
06th December, 2021 passed by the learned Controlling Authority under the
Payment of Gratuity Act, 1972 vide which the claim application of
respondent No.1 has been allowed and petitioner has been directed to pay
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
17:21:49
Neutral Citation Number 2022/DHC/004848
Rs.23,196/- with simple interest @ 10% per annum in favour of respondent
No.1.
2. Learned counsel for the petitioner submits that the learned Controlling
Authority has fallen into an error by making the order for payment of
gratuity even for the period when the respondent workman was only on a
muster roll. Learned counsel for the petitioner further submits that the matter
could not be challenged before the Appellate Authority within the period of
limitation. It has been further submitted that the Appellate Authority is not
empowered to condone the delay beyond the total period of 120 days from
the date of receipt of the order.
3. Issue notice.
4. Mr. Manoj Joshi, Advocate, who appears through video conferencing,
accepts notice on behalf of respondent No.1. Ms. Rachita Garg, Advocate,
who appears through video conferencing, accepts notice on behalf of
respondent No.2.
5. Learned counsel for the parties submit that in identical facts, matters
have been relegated back to the Appellate Authority to decide the same in
accordance with the law.
6. In view of the submissions made, the petitioner-department is granted
liberty to file an appeal before the Appellate Authority in accordance with
law within the period of four weeks. The delay in filing the appeal is
condoned.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
17:21:49
Neutral Citation Number 2022/DHC/004848
7. The Appellate Authority shall entertain the appeal if filed on or before
11th December, 2022 and shall decide the same in accordance with the law.
Till 11th December, 2022, the recovery proceeding shall remain stayed. In
case, the petitioner fails to file the appeal on or before 11th December, 2022
before the Appellate Authority in accordance with law, the respondent shall
be at liberty to initiate recovery proceeding against the petitioner-
department.
8. Learned counsel for the respondent No.1 has pressed for litigation
expenses. Following the precedents, the petitioner-department shall pay a
sum of Rs.25,000/- as litigation expenses to the respondent No.1 within four
weeks.
9. With these observations, the present petition along with pending
application stands disposed of.
DINESH KUMAR SHARMA, J
NOVEMBER 10, 2022
st
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:15.11.2022
17:21:49
