IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.30832 OF 2019 (L-KSRTC) BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE CENTRAL DIVISION, BANGALORE , BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY BY ITS CHIEF LAW OFFICER. ... PETITIONER (BY SMT. RENUKA, ADVOCATE) AND:
1 . THE ASSISTANT LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT DIVISION 2, KARMEEKA BHAVAN, BANNERGHATTA RAOD, BENGALURU-560 029.
2 . THE LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT SUB DIVIISON-5, KARMEEKA BHAVAN, BANNERGHATTA ROAD BENGALURU -560 029.
3 . A.H.KEMPEGOWDA, S/O HALAIAH, MAJOR IN AGE C/O KSRTC CENTRAL DIVISION MAZDOOR SANGHA (REGD) B.M.S. OFFICE 458, OTC ROAD, BENGALURU-560 053. ... RESPONDENTS (BY SMT. SAVITHA T.H., HCGP FOR R-1 & R-2;
SRI. NAGABHUSHANA H.K., ADVOCATE FOR C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.11.2018 (ANNEXURE-A) PASSED BY THE R-2; AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner employer is invoking the writ jurisdiction of this Court for laying a challenge to the order dated 14.11.2017, a copy whereof is at Annexure-A made by the second respondent whereby, his statutory appeal has been rejected inter alia on the ground that the same is barred by time.
2. Having heard the learned Senior Panel Counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch the appeal is filed beyond the period of delay that could be condoned under the proviso 1 of Section 7(7) of the Payment of Gratuity Act, 1972 which provides for condonation of delay of 60+60 days in all and not beyond that. The prescription of period of limitation by the Parliament being mandatory, cannot be elongated by judicial process.
In the above circumstances the writ petition being devoid of merits, is rejected in limine.
Sd/- JUDGE DS