2.The Third Respondent, who had worked in the establishment of the Petitioner, had resigned from service on 12.11.2013 and had made an application in G.A. No. 28 of 2014 under Section 7 (4) of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short) before the Second Respondent claiming gratuity from the Petitioner, who had failed to appear despite service of notice in that proceeding. The Second Respondent in the order dated 28.11.2014 held that the Petitioner was required to pay the sum of Rs. 80,769/- towards gratuity due to the Third Respondent. The Petitioner on 11.09.2015 had made an application in I.A. No. 376 of 2015 under Rule 11(5) of the Tamil Nadu Payment of Gratuity Rules, 1973, before the Second Respondent to set aside the exparte order dated 28.11.2014 passed in G.A. No. 28 of 2014 along with an application to condone the delay of 258 days in filing the same. The Second Respondent by order dated 22.01.2016 in I.A. No. 376 of 2015 allowed the application to condone delay on payment of costs of Rs. 1,000/- as condition for the same. The Third Respondent preferred appeal in A.G.A. No. 138 of 2016 against that order before the First Respondent, which was allowed by order dated 16.09.2017 by setting aside the order dated 22.01.2016 in I.A. No. 376 of 2015 passed by the Second Respondent and dismissing that application as barred by limitation, which is assailed in this Writ Petition.
