Quick Summary: A court case involving Sharadkumar Bapu Magdum and others against Dr. J. J. Magdum Trust reveals a complex issue about filing delays in gratuity appeals. The court ruled against extending the appeal period beyond 120 days, highlighting mistakes in following procedures.
Sharadkumar Bapu Magdum and other people who filed the case were former employees of Dr. J. J. Magdum Trust. They were let go from their jobs in July 2019, and they wanted payment of unpaid gratuity. The Controlling Authority and Labour Court in Kolhapur decided in their favor, granting them the gratuity with interest.
"Sharadkumar Bapu Magdum and the other petitioners were employees of Dr. J. J. Magdum Trust. Their services were terminated... seeking payment of unpaid amount of gratuity."
The Trust challenged the decision, but their appeal was delayed by 140 days. The Appellate Authority allowed this delay, which Sharadkumar Bapu Magdum and the others opposed, arguing it went beyond the allowed limit.
"Appellate Authority condoned the delay, subject to payment of costs..."
Mr. Vijay Killedar, representing Sharadkumar Bapu Magdum and the others, argued that the appeal must be filed within 120 days, including any extra time allowed. He mentioned past legal decisions to support this claim.
"He would point out that in present case, appeal is filed beyond the period of 120 days..."
Dr. Uday Warunjikar, for the Trust, argued that the time limit should start from when the certified copy of the order is received. He stressed the rules that require certified copies for appeals.
"Dr. Warunjikar... submits that Section 7(7) of the Act provides remedy of appeal..."
Judge S. G. Chapalgaonkar ruled that the appeal was indeed late. The court stated that the Trust did not apply for a certified copy quickly, so they were not eligible for more time.
"The appeal is time barred by 8 days. As such, the Appellate Court clearly erred..."
The court canceled the orders allowing the delay, stressing the importance of sticking to the 120-day limit for appeals. The Trust's request to hold off on giving out the deposited money for six weeks was granted.
"Writ Petitions are allowed... amount deposited shall not be disbursed for a period of six weeks..."
This case highlights the importance of acting quickly in legal matters and strictly following the timelines in appeals.
