Gujarat High Court
State Of Gujarat vs Thakor Vaktaji Gambhirji on 24 June, 2021
Bench: Umesh A. Trivedi
C/SCA/8562/2021 ORDER DATED: 24/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8562 of 2021
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STATE OF GUJARAT
Versus
THAKOR VAKTAJI GAMBHIRJI
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Appearance:
MS MEGHA CHITALIYA AGP (1) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 24/06/2021
ORAL ORDER
Heard Ms.Megha Chitaliya, learned Assistant Government
Pleader for the petitioner-State.
By way of this petition, the petitioner is challenging under
Articles 226 and 227 of the Constitution of India, the judgment and
order passed by the Controlling Authority, Mehsana under the
Payment of Gratuity Act, 1972 (for short, 'the Act') dated 1.4.2019 as
also order dated 10.06.2020 passed by Appellate Authority,
Ahmedabad under 'the Act' on the ground that since appeal came to
be filed beyond 120 days maximum as stated in Sub-Section (7) of
Section 7 of 'the Act', it cannot be entertained.
It is fairly submitted by Ms.Chitaliya, learned Assistant
Government Pleader that in the year 2009, there are few orders
wherein this Court has condoned the delay in preferring the appeal
before the Appellate Authority. However, all subsequent judgments by
co-ordinate Benches of this Court are consistent in holding that delay
beyond 60 days after permissible limit of 60 days under Section 7
cannot be condoned by the authority as Section 5 of the Limitation
C/SCA/8562/2021 ORDER DATED: 24/06/2021
Act cannot be invoked in such appeals.
Considering the order of Controlling Authority, it is clear that
the petitioner as respondent before the Authority did not care to even
remain present for the purpose of hearing or for filing reply or
producing any material before it. Not only the careless approach in
preferring the appeal beyond time, even in defending case before the
first authority, a very callous attitude is exhibited by the petitioner.
Against an order dated 1.4.2019, at best, Appeal before the Appellate
Authority could have been filed on or before at-least 1.8.2019
whereas it has been filed on 28.02.2020 approximately 7 months after
the permissible time limit of filing it, within discretion of the Court is
over.
In view of the fact that it is not within the power of the
Appellate Authority to condone the delay beyond 60 days after the
appeal period of 60 days over, it being a special limitation provided
for the Appellate Authority it cannot entertain any appeal against the
impugned order filed beyond maximum 120 days being 60 days as
appeal period and 60 days with reasonable explanation for delay
which is in the discretion of the Appellate Authority to condone it upto
maximum 60 days. Since provisions of the Limitation Act more
particularly Section 5 cannot be invoked in Appeals preferred under
'the Act', the order passed by the Appellate Authority dismissing the
appeal as it is beyond the limitation period, as provided under 'the
Act', this petition challenging such order cannot be entertained.
Hence, this petition is rejected.
(UMESH A. TRIVEDI, J)
ASHISH M. GADHIYA
