Punjab-Haryana High Court
M/S Relcom Technology P Ltd vs The Appellate Authority Under The ... on 23 October, 2024
Neutral Citation No:=2024:PHHC:138703
CWP-25563-2024 1
124
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-25563-2024
Date of Decision:23.10.2024
M/S RELCOM TECHNOLOGY P LTD ......... Petitioner
Versus
THE APPELLATE AUTHORITY UNDER THE PAYMENT OF
GRATUITY ACT AND ORS ..... Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. S.K Verma, Advocate
for the petitioner.
****
JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Articles
226/227 of the Constitution of India is seeking setting aside of order
dated 17.07.2024 (Annexure P-6) whereby Appellate Authority has
dismissed appeal against order dated 22.02.2024 (Annexure P-4) passed
by the Controlling Authority.
2. The Controlling Authority constituted under Payment of
Gratuity Act, 1972 (for short '1972 Act') vide order dated 12.05.2022
(Annexure P-2) determined liability of the petitioner to the tune of
`3,57,403/-. The authority concluded that petitioner is liable to pay
aforesaid amount to respondent No.3 on account of gratuity. The
petitioner preferred application before Controlling Authority seeking
setting aside of order dated 12.05.2022 (Annexure P-2). The Controlling
Authority dismissed said application on 24.11.2022. Despite dismissal of
said application, the petitioner did not prefer appeal before Appellate
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Authority and on 29.05.2023 filed another application before Controlling
Authority seeking recalling of exparte order dated 12.05.2022
(Annexure P-2). The Controlling Authority by order dated 22.02.2024
(Annexure P-4) rejected application of the petitioner who, at this stage,
preferred appeal before Appellate Authority seeking setting aside of order
dated 22.02.2024 whereby application seeking setting aside of order
dated 12.05.2022 (Annexure P-2) was dismissed.
3. Mr. S.K Verma, Advocate for the petitioner submits that
petitioner did not receive copy of order dated 12.05.2022 (Annexure P-2)
and it was an exparte order, thus, appeal could not be preferred within
time. The petitioner at the first instance moved an application before
Controlling Authority seeking recalling of exparte order. The second
application seeking recalling of order was dismissed in 2024 and appeal
before Appellate Authority was filed in 2024. The said appeal was filed
within 120 days from the date of receipt of order, thus, Appellate
Authority could condone delay and there was no reason to dismiss appeal
on the ground of delay.
4. I have heard the argument and perused the record.
5. From the perusal of record, it is evident that Controlling
Authority passed exparte order on 12.05.2022 (Annexure P-2) whereby
liability of the petitioner was determined. The petitioner did not prefer
appeal before Appellate Authority whereas filed application before
Controlling Authority seeking recalling of order. There is no provision
which permits Controlling Authority to recall its order. It is trite law that
a quasi-judicial authority in the absence of specific power cannot review
its order. It can only rectify clerical mistakes. The petitioner in the
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absence of specific provision moved an application seeking recalling of
order dated 12.05.2022 (Annexure P-2). The said application was
dismissed but dismissal did not detain it from filing second application. It
filed second application only on the sole ground that there is change in
the authority. The authority was not required to pass fresh order rejecting
application because first application was already dismissed and there was
no reason to pass fresh order. It was ill advice or wrong decision of the
petitioner. Nevertheless, Controlling Authority passed second order
rejecting application seeking recalling of original order. The second order
was passed on 22.02.2024 (Annexure P-4). The petitioner did not file
appeal within 120 days from 22.02.2024. The appeal was filed on
17.07.2024 (Annexure P-6). At this stage, petitioner started claiming that
it had not even received order dated 12.05.2022 (Annexure P-2). The
argument of petitioner is misconceived and misleading because it is
highly improbable that petitioner filed application in 2022 and 2023
seeking recalling of order which as per it was not in its possession.
6. Proviso to sub-section (7) of Section 7 of 1972 Act
categorically provides that Appellate Authority may condone delay of
maximum 60 days. For the ready reference, Section 7 (7) of 1972 Act is
reproduced as below:
"(7) Any person aggrieved by an order under sub-
section (4) may, within sixty days from the date of the
receipt of the order, prefer an appeal to the
appropriate Government or such other authority as
may be specified by the appropriate Government in
this behalf:
Provided that the appropriate Government or
the appellate authority, as the case may be; may, if it
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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."
7. Concededly, there was delay of more than 60 days on the
part of petitioner and application seeking condonation of delay was filed.
8. In view of judgment of Supreme Court in Singh Enterprises
Vs. Commissioner of Central Excise, Jamshedpur and others (2008) 3
SCC 70 and CCE Vs. Hongo (India) (P.) Ltd (2009) 5 SCC 791, the
Appellate Authority could not condone the delay and appeal was rightly
dismissed on the ground of limitation.
9. Dismissed.
( JAGMOHAN BANSAL )
JUDGE
23.10.2024
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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