Gratuity act 1972, limitation act
ronak
(Querist) 31 July 2011
This query is : Resolved
An employee claims the gratuity after 4 years from retirement will it be tenable?..
Please provide any case law by which it can be proved that it is time barred.
will sec-113 of limitation act is applicable
ajay sethi
(Expert) 31 July 2011
1) An application presented by an employee can not be treated as improper, or rejected as invalid solely by reason of delay if the delay has not been deliberately or negligently caused by the employee and if there are justifiable grounds for condonation of the same.
2) But an employee who negligently sleeps over his rights and chooses to file an application at any time of his choice cannot legitimately complain that he has been denied gratuity.
3) The burden is upon the employee in such event to show that the delay has been caused by justifiable reasons. This would be the effect of reading Section 7(1) and Rule 4(1) as directory and not mandatory. In the circumstances, if the authorities under the Act were satisfied that the employee was justified in not filing the application under Section 7(1) within the time prescribed, it is open to them to condone the delay and allow the application to stand on its strength.
4)judgement of kerala high court repoted in 1982 i LLJ kerala 430thiruvangadi service cooperative bank v/s district labour officer
K.S.Srinivas
(Expert) 31 July 2011
I agree with the expert's (Mr.ajay sethi)opinion and advice.
