Here's a look at a recent court case involving Gundhar Dhanpal Kumbhar and the Dr. J.J. Magdum Trust. The case revolves around the delay in filing an appeal for gratuity payments, with the court ultimately siding with Gundhar Dhanpal Kumbhar and the other petitioners.
Gundhar Dhanpal Kumbhar and other petitioners were employees of the Dr. J.J. Magdum Trust. Their services were terminated on July 8, 2019, after many years of work. They sought unpaid gratuity based on their last salary and service duration. The authority in charge of handling such cases agreed they deserved the gratuity with 10% interest from when it was due.
"Gundhar Dhanpal Kumbhar and the petitioners approached the authority in charge under the rules of Section 4 of the Act seeking payment of unpaid gratuity."
The Dr. J.J. Magdum Trust challenged this decision and appealed. However, they delayed the appeal by 140 days, which was beyond the allowed period.
The rules allow an appeal within 60 days, with a possible extension of another 60 days if justified. The Trust's appeal was filed too late, beyond the 120-day limit.
The higher authority mistakenly believed the delay was only 58 days and allowed the appeal to proceed, which was a mistake.
"The higher authority allowed the delay thinking that the appeal was made with a delay of only 58 days."
Judge S. G. Chapalgaonkar ruled that the higher authority made an error by allowing the delay. The appeal was indeed filed too late, even after excluding the time taken to get certified copies of the necessary documents.
The court canceled the higher authority's order and sided with Gundhar Dhanpal Kumbhar and the petitioners. The deposited gratuity amount won't be given out for six weeks, giving the Trust time to consider further legal steps.
"Writ Petitions are allowed. The challenged orders... are canceled and set aside."
This case shows how important it is to stick to deadlines, especially in money-related disputes. Gundhar Dhanpal Kumbhar and the petitioners' persistence paid off, ensuring they receive their due gratuity.
