- (1.) There is no representation for the respondents. The petitioner's challenge is to the summary rejection of the appeal filed against the order of the controlling authority ordering gratuity to be payable to the petitioner. The petitioner was aggrieved about the non-award of interest but the appeal had not been entertained by the authority on the ground that it had been filed after 6 months and 16 days. The contention of the petitioner was that the order had not been dispatched at all from the controlling authority and therefore, as soon as he came to know about it and got the order served, he had preferred the appeal within time. The Appellate Authority has rejected it saying that the period of limitation will have to be always counted from the date of passing of the order. The period of limitation to be counted shall always be taken as from the day when the order is communicated to the party, in all cases where orders are not passed in open Court on a date already announced and where a party could have applied to a Court for obtaining certified copy under the Payment of Gratuity Act and relevant Rules. The copy of the order is bound to be communicated to the party and if it had not been done or shown to be delivered to the petitioner soon after passing the order, the petitioner will be justified in seeking for exclusion of time for the period taken in not communicating to the party and when the party gets to know the order and files an appeal. Summary rejection of the appeal that it was filed beyond time was erroneous and it is set aside. The issue of whether the petitioner would be entitled to interest and whether the rejection made by the controlling authority was proper, will be an issue of adjudication before the Appellate Authority.
(2.) The petitioner is still aggrieved that even the amount that was directed by the controlling authority namely Rs.1,75,469/- as the gratuity payable has not been paid to the petitioner. The petitioner will have appropriate recourse for realization of the amount as ordered after giving credit to the amount that has been paid by the respondents by adopting the procedure in due course of law.
(3.) The writ petition is ordered and the matter is remitted to the Appellate Authority namely the Office of the Deputy Labour Commissioner, Kendriya Sadan, Sector 9, Chandigarh. The Appellate Authority shall serve notice of hearing of the appeal to both parties and take a decision in accordance with law.;