Summary: A court case about late appeals for gratuity payments has been decided in Kolhapur. The appeals were filed too late, leading to their dismissal.
In this case, several former employees of Dr. J.J. Magdum Trust in Jaysingpur, including Shankar Chanbassappa Chillalshetti, filed requests for unpaid gratuity. Their jobs ended in 2019, and they asked for payment based on their last salary and years of work.
The main authority and labor court in Kolhapur agreed with Shankar Chanbassappa Chillalshetti and the other former employees, ordering the trust to pay the gratuity along with 10% interest. The trust, however, challenged this decision, but they were late in doing so.
"The appeal is filed beyond the period of 120 days from the date of order by Dr. J.J. Magdum Trust."
The appeals were filed more than 120 days after the original order, which is beyond the allowed time. The higher authority mistakenly thought the delay was only 58 days and accepted it, but the actual delay was longer.
For Shankar Chanbassappa Chillalshetti: Mr. Vijay Killedar argued that the appeal should have been filed within 60 days, with a possible extension of another 60 days, making it 120 days maximum. The trust missed this deadline.
For Dr. J.J. Magdum Trust: Dr. Uday Warunjikar argued that the delay should be counted from when the certified copy of the order was received, not from when the order was made.
Justice S.G. Chapalgaonkar decided that the appeals were indeed filed too late and that the higher authority shouldn't have accepted the delay.
"Even by excluding 28 days used for getting a certified copy, the appeal is late by 8 days."
The court canceled the orders that accepted the delay, effectively dismissing the appeals. Dr. J.J. Magdum Trust's request to delay paying out the deposited amount for six weeks was granted.
This case highlights the importance of filing appeals on time and understanding the timelines in job-related disputes.
