WRIC/27984/2026 of THE GENERAL MANAGER FOOD CORPORATION OF INDIA Vs THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND 2 OTHERS on 7 October 2026

1. Petitioner filed an appeal filed under Section 7(7) of Payment of Gratuity Act, 1972. Limitation period provided is 60 days which can be extended for further 60 days. Admittedly, appeal was filed after 91 days, therefore, undisputedly it was before the extended period of limitation. Petitioner has also filed a detail explanation to the objections of respondent, which has been noted by Appellate Authority in impugned order. Still, taking a pedantic approach delay was not condoned and accordingly appeal was dismissed.

2. The main reason assigned in impugned order was that no documentary evidence was placed on record to explain 42 days gap between 05.01.2024 to 16.02.2024 whereas after 16.02.2024 till filing of appeal it appears that Appellate Authority was satisfied. Such approach on face of it is absolutely unreasonable and unjustified. Therefore, in the light of a judgment passed by this Court in State of U.P. and another vs. Sripal Singh and another, 2026:AHC:189813, impugned order, whereby appeal was dismissed on ground limitation is absolutely illegal.

3. In view of above, impugned order dated 11.05.2026 is hereby set aside and matter is remitted to Appellate Authority to pass a fresh order after hearing both Versus Counsel for Petitioner(s) : Mansoor Ahmad Counsel for Respondent(s) : A.S.G.I. The General Manager Food Corporation Of India .....Petitioner(s) The Appellate Authority Under The Payment Of Gratuity Act And 2 Others .....Respondent(s)

parties taking note of aforesaid observations as well as aforesaid judgment in Sripal Singh (supra).

4. The writ petition is accordingly disposed of. October 8, 2026 AK WRIC No. 27984 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad