THE PUNJAB STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LTD AND ANOTHER v. THE APPELATE AUTHORITY AND OTHERS
CWP/10130/2024 · 2025-03-24
Harsimran Singh Sethi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44348 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44348 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CWP-10130-2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 305 CWP-10130-2024
Date of Decision :24.03.2025
The Punjab State Cooperative Supply and Marketing Federation Ltd. & another ...Petitioners
Versus The Appellate Authority Under the Payment and Gratuity Act, 1971, Union Territory & others ..Respondents
CORAM:
HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. M.S. Virk, Advocate for the petitioners. None for the respondents. * * * Harsimran Singh Sethi, J. (Oral)
1. In the present petition, the challenge is to the order dated 02.06.2023 (Annexure P/8) passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘1972 Act’), whereby, the appeal filed by the petitioner-MARKFED has been dismissed on the ground that there was a delay of more than 120 days in filing the appeal, which delay cannot be condoned keeping in view the rules governing the limitation prescribed for filing the appeal under the 1972 Act.
2. It may be noticed that similar question of law came up for
consideration before this Court in CWP-1121-2025 titled as Bank of Baroda vs. Union of India and others decided on 17.02.2025, which writ petition has already been dismissed by this Court vide order dated 17.02.2025 on the ground that the delay in filing the appeal could not have AARTI SHARMA 2025.03.26 14:26 I attest to the accuracy and integrity of this document
CWP-10130-2024 -2- been condoned and the appeal filed by the petitioner therein has rightly been dismissed by the Appellate Authority under the 1972 Act.
3. Once, the appeal has rightly been dismissed by the Appellate Authority under the 1972 Act on the ground of delay, writ petition challenging the said order is not maintainable.
4. Nothing has been pointed out by the learned counsel for the petitioner-MARKFED that the delay in filing the appeal could have been condoned beyond the limit prescribed.
4. Keeping in view the findings recorded by this Court in CWP- 1121-2025 titled as Bank of Baroda vs. Union of India and others decided on 17.02.2025, the present petition is also dismissed in same terms. March 24, 2025 (HARSIMRAN SINGH SETHI) aarti JUDGE Whether speaking/reasoned : Yes Whether reportable : No AARTI SHARMA 2025.03.26 14:26 I attest to the accuracy and integrity of this document