Madras High Court
The Management Of C.R. Spinners vs The Appellate Authority on 9 June, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.1474 of 2025
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2025
CORAM:
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.A.No.1474 of 2025
and
C.M.P.No.11298 of 2025
The Management of C.R. Spinners,
Rep. by its Partner Rajesh Manohar,
S/o.Late R.Manohar,
Subramaniyampalayam,
G.N.Mills Post,
Coimbatore - 641 029. ... Appellant
versus
1.The Appellate Authority,
Authority under the payment of Gratuity Act,
Additional Commissioner of Labour,
Coimbatore - 18.
2.The Controlling Authority
Authority under the Payment of Gratuity Act /
Deputy Commissioner of Labour,
Coimbatore.
3.P.Palaniammal,
W/o.Venugopal,
Site No.13, P.Balaji Nagar,
N.G.G.O. Colony (West),
Vattamalaipalayam,
Coimbatore - 641 022.
1/6
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W.A.No.1474 of 2025
4.R.Sarasu,
W/o.Ravi Sundararaj,
No.13A, Mariamman Koil Street,
Thirumalai Nagar, Udayampalayam,
Chinnavedampatti (West),
Coimbatore - 641 049.
5.R.Lalitha,
W/o.Rajendran,
No.199/33, Anjugam Nagar,
Udayampalayam,
Chinnavedampatti (West),
Coimbatore - 641 029.
6.M.Rangathal,
W/o.Meenakshi Sundaram,
No.10/15, Mahalakshmi Layout,
Subramaniyampalayam (West),
GN Mills Post, Coimbatore - 641 029.
7.N.Mani,
S/o.Nagaraj,
2/289, Kuttai Road,
Chinnathadagam (West),
Coimbatore - 641 108.
8.N.Kuppathal,
W/o.Nanjukutti,
No.10, Sasthri Street,
Umondampalayam, Coimbatore - 641 029.
9.C.Maragatham,
W/o.Marimuthu,
No.2/71, Arjun Avenue,
Gandhi Colony,
NGGO Colony (West),
Sengalipalayam,
Coimbatore - 641 022.
10.G.Jothimani,
W/o.(Late) Ganesan,
No.2/3-B, Sankar Nagar,
Maniakaranpalayam, Idikarai (West),
Coimbatore - 641 022.
2/6
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W.A.No.1474 of 2025
11.K.Kaliyammal,
W/o.(Late) Kuppusamy,
No.2/71, Arjun Avenue,
Gandhi Colony, NGGO Colony (West),
Sengalipalayam, Coimbatore - 641 022.
12.M.Maragatham,
W/o.P.Marudachalam,
No.5/9, Poombuhar Nagar,
Thudiyalur, Coimbatore - 641 034. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order passed in W.P.No.2716 of 2025 dated 03.02.2025.
For Appellant : Mr.S.Saravanan
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge in this appeal is to the order of the Appellate Authority
under the Payment of Gratuity Act in refusing to condone the delay in filing
the appeal against the order of the Controlling Authority made under
Section 7 (4) of the said enactment.
2. The order of the Controlling Authority is dated 31.05.2023.
The appeal was filed on 28.11.2024, that is nearly a year and a half after the
order of the Controlling Authority. Section 7(7) of the Payment of Gratuity
Act provides for an appeal against the order made under sub-section (4) to
Section 7.
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3. First Proviso to sub-section (7) of the Payment of Gratuity Act,
1972, reads as follows:-
“Provided that the appropriate Government or the appellate authority, as
the case may be, may, if it is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal within the said period of sixty
days, extend the said period by a further period of sixty days.”(Emphasis
Supplied)
4. A reading of the above provision would show that the
Appellate Authority does not enjoy powers to condone the delay beyond a
period of 60 days. Though the learned counsel would fervently urge that the
delay was caused due to the bona fide reasons, we are unable to fault either
the Appellate Authority or the learned single Judge for having declined the
prayer for condonation of delay in filing the appeal in view of the
peremptory language of sub-section (7) to Section 7 of the Payment of
Gratuity Act.
5. We therefore see no infirmity in the order passed by the learned
single Judge. The Writ Appeal fails and it is accordingly dismissed. No
costs. Consequently, connected Miscellaneous Petition is closed.
(R.S.M., J.) (K.G.T., J.)
Speaking order 09.06.2025
Index : No
Neutral Citation : No
sri
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To
1.The Appellate Authority,
Authority under the payment of Gratuity Act,
Additional Commissioner of Labour,
Coimbatore - 18.
2.The Controlling Authority
Authority under the Payment of Gratuity Act /
Deputy Commissioner of Labour,
Coimbatore.
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R.SUBRAMANIAN, J.
and
K.GOVINDARAJAN THILAKAVADI, J.
sri
and
09.06.2025
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