- (1.)Present petition is directed against order dated 3rd November, 2014 passed by Appellate Authority, Payment of Gratuity Act, 1972 in Appeal No. 81 of 2014, whereby the said Authority rejected the Appeal on the ground that the same was not filed within 60 days period contemplated under sub-section (7) of section 7 of the Payment of Gratuity Act, 1972. Notice was issued for final disposal on 22nd January, 2015. Since none appeared on behalf of respondent No. 1, Rule came to be issued on 12th February, 2015 making it returnable with observations that on the returnable date the matter shall be proceeded for final consideration even if respondent No. 1 does not appear.
(2.)Heard learned advocate Mr. Yogi K. Gadhia for the petitioner and learned Assistant Government Pleader Ms. Asmita Patel for respondent Nos. 2 and 3. As stated above, none appeared for respondent No. 1 though served with the Rule of this Court.
(3.)In this case the Controlling Authority passed order on Application of respondent No. 1 on 19th February, 2014, against which the petitioner preferred Appeal which was not entertained on the ground of delay as stated above.