2009 (1) AIR Kar R 285

Karnataka High Court

Hon'ble Judge(s): Ram Mohan Reddy , J

( A ) Payment of Gratuity Act (39 of 1972) S. 7 (7), Proviso— Limitation Act (36 of 1963), S. 5 — Determination of amount of gratuity — Appeal against — Condonation of delay — Order of Controlling Authority directing employer to pay amount of Rs. 1,37,530 being unpaid gratuity to widow of deceased employee — Appeal against said order filed beyond period of 120 days specified under S. 7(7) thereby occassioning delay of 25 days — Condonation of delay sought by filing application under S. 5, Limitation Act — Under payment of gratuity Rules Appellate Authority is not invested with jurisdiction to extend time for filing appeal beyond period prescribed by proviso to S. 7(7) — Applicability of S. 5 of Limitation Act to appeals filed beyond period prescribed under S. 7(7) has been wilfully omitted by legislature — Order of rejection of application for condonation of delay by Appellate Authority, proper. (Paras35)