The State of Maha., Thr. Indira Gandhi Medical College and Hospital, Nagpur Thr. Its Dean and Anr. v. Mehrunisa W/O Chand Khan
Case brief
What is this about?
Maintainability of writ petition; limitation to challenge Controlling Authority's gratuity order; Section 7(7) Payment of Gratuity Act, 1972; Section 20 appeal — sixty days extendable to outer limit of 120 days; no appeal filed within limitation; writ petition filed after 120 days barred; Controlling Authority, Labour Court No.3, Nagpur; order dated 22/9/2021; followed Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit v. Narhar Pralhadrao Kulkarni 2017(3) ALL MR 827 and Municipal Council, Achalpur v. Jagannath Tathod W.P. No. 911/2017; counsel reliance on W.P. No. 8302/2023 order dated 5/2/2025; State of Maharashtra v. Mehrunnisa Chand Khan; Bombay High Court Nagpur Bench; R. M. Joshi J.; petition dismissed.
What did the court decide?
The maximum period of limitation for preferring an appeal against the Controlling Authority's order dated 22/9/2021 came to an end after 120 days thereof, and admittedly no appeal was filed within limitation.