shantilal k. patel
(Querist) 05 August 2008
This query is : Resolved
Payment of Gratuity Act 1972 Once the delay in making application to the Controlling Authority is condoned by the conrolling authority, can it be taken in appeal?
Is it compulsory to pass order by the controlling authority with interest if it passes order in favour of employee?
H. S. Thukral
(Expert) 05 August 2008
An application to the controlling authority is to be made within 90 days of cause of action which arises when the employer does not entertain the application of the employee but the controlling authority can consider the application after 90 days if sufficient cause of delay is shown. Once the controlling authority is satisfied and delay is condoned the decision can not be challenged. If the delay is due to the fault of employee, no interest is payable. But if the application was moved in time and gratuity is not paid within 30 days, employer is liable to pay interest. The words used in the law is 'shall'. therefore there is no discreation with the controlling authority to deny the interest on delayed payment.