Dismissed¶19

The Block Development Officer(Village Panchayats) v. P Periyasamy

Madras HC4 Aug 2025WP(MD)/21237/2025

Case brief

AI extract

What is this about?

Keywords: Payment of Gratuity Act 1973; condonation of delay in appeal; 391 days delay; thirty days outer limit; Appellate Tribunal PG(IA) 338/2022; Controlling Authority P.G.Case No.60 2013; Deputy Commissioner of Labour Tirunelveli; writ of certiorari; Article 226 Constitution of India; writ petition dismissed; village panchayat officers Kanniyakumari; Madurai Bench of Madras High Court; R.VIJAYAKUMAR, J.; gratuity appeal delay condonation refused.

What did the court decide?

This Court endorsed the Appellate Authority's own position that he has no power to condone the delay beyond thirty days. ¶19

The Block Development Officer(Village Panchayats) Vs… — Writ and Judicial Review | Madras HC (2025)

¶1

W.P(MD)No.21237 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 04.08.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

¶6

W.P(MD)No.21237 of 2025 and W.M.P(MD)No.16398 of 2025

¶7

1.The Block Development Officer (Village Panchayats),

¶8

Agastheeswaram Panchayat Union, Kanniyakumari District.

¶9

2.The Special Officer, Karumbattoor Village Panchayat, Kanniyakumari District. ... Petitioners

¶10

Vs.

¶11

P.Periyasamy ... Respondent

¶12

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pursuant to the order passed by the Appellate Tribunal - Payment of Gratuity Act 1973 in PG(IA) 338/2022, dated 25.04.2023 confirming the order passed by the learned Controlling Authority under Payment of Gratuity Act, 1973 (Deputy Commissioner of Labour), Tirunelveli in P.G.Case No.60 2013, dated 24.07.2014 and pass such further or other orders as this Court.

¶13

1/4

¶14

https://www.mhc.tn.gov.in/judis

¶15

W.P(MD)No.21237 of 2025

¶16

For Petitioner : Mr.G.V.Vairam Santhosh Additional Government Pleader

¶17

ORDER

¶18

The present writ petition has been filed challenging the order passed by the Appellate Authority under the Payment of Gratuity Act, 1973, wherein, he has dismissed an application to condone the delay of 391 days in filing the appeal.

¶19

2. As rightly pointed out by the Appellate Authority, he does not have any power to condone the delay beyond a period of thirty days. In such circumstances, the question of entertaining the writ petition as against the said order does not arise. Therefore, there are no merits in the writ petition. The writ petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

¶20

04.08.2025

¶21

NCC : Yes / No Index : Yes / No Internet : Yes BTR

¶22

2/4

¶23

https://www.mhc.tn.gov.in/judis

¶24

W.P(MD)No.21237 of 2025

¶25

¶26