Impact of limitation act on gratuity act
Querist :
Anonymous
(Querist) 14 June 2018
This query is : Open
An employee who was illegally terminated got his gratuity during litigation after 14 month of litigation. After 5 years of litigation he was also awarded compensation for illegal termination without reinstatement. After completion of his litigation he filed a complaint before gratuity authorities
for interest on late payment of gratuity and also penal action u/s 9(2) for non compliance of section 7(2), 7(3) and 7(3A). Although he recieved interest on late payment of gratuity but his request to initiate above mentioned penal action was rejected for the reasons of long time span of 6 years and receiving of gratuity and interest.
my question to expert is whether gratuity authorities have jurisdiction to not initiate penal action u/s 9(2) or it is the jurisdiction of court to decide whether there is any thing in gratuity act which says that limitation act applies on it .
whether employee can file appeal against this rejection order of controlling authority and under which clause of gratuity act appeal for initiating penal action be made before appellate authority under gratuity act
