Kerala High Court in the Secretary Sree Avittom Thirunal Hospital vs. State of Kerala W.P.C. No. 2502/2021, on January 23, 2023, while examining the issue as to whether the employer is allowed to file an appeal to the Regional Labour Commissioner against the order of the controlling authority appointed under the Payment of Gratuity Act, 1972 (“Gratuity Act“) beyond the limitation period of 120 [(one hundred and twenty days) i.e. within a period of 60 (sixty) days from the date of receipt of the order with a further condonation of 60 (sixty) days], observed that it is evident that the legislature while enacting sub Section 7 of Section 7 of the Gratuity Act specifically excluded the application of Limitation Act, 1963 (“Limitation Act“) by providing the limitation of appeal for a period of 60 (sixty) days plus 60 (sixty) days; thus for all intends and purposes, there cannot be any condonation of delay by taking the aid of the aforementioned provisions by entertaining an application under Section 5 of the Limitation Act.
Also read: CODE – UNCODE
Stay connected with us on social media platform for instant update click here to join our LinkedIn, Twitter & Facebook
