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M/s. Contentra Technologies (India) Pvt. Ltd. v/s Nikhil Pal


Company & Directors' Information:- M S C TECHNOLOGIES LIMITED [Active] CIN = U64201DL2002PLC115040

Company & Directors' Information:- CONTENTRA TECHNOLOGIES (INDIA) PRIVATE LIMITED [Active] CIN = U72200DL2005PTC142639

Company & Directors' Information:- R S TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U30007DL1998PTC093644

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Company & Directors' Information:- I Q TECHNOLOGIES LIMITED [Active] CIN = U72200TG2000PLC034058

Company & Directors' Information:- IN TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2010PTC210298

Company & Directors' Information:- S D M TECHNOLOGIES INDIA PRIVATE LIMITED [Active] CIN = U22219KA2013PTC070117

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- M & M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U99999MH1990PTC056999

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Company & Directors' Information:- C V TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U52311CH2013PTC034790

Company & Directors' Information:- R G TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U51109DL2000PTC106267

Company & Directors' Information:- L A TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900MH2010PTC209195

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Company & Directors' Information:- H R TECHNOLOGIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52603MH2003PTC138635

Company & Directors' Information:- NIKHIL (INDIA) PRIVATE LIMITED [Active] CIN = U27320DL1997PTC090036

Company & Directors' Information:- C S A TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72300TN1996PTC037105

Company & Directors' Information:- L AND S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1996PTC104023

Company & Directors' Information:- S PAL & CO PVT LTD [Active] CIN = U51909WB1983PTC036891

Company & Directors' Information:- S B TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200AP2015PTC097640

Company & Directors' Information:- U AND I TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200KA1997PTC022565

Company & Directors' Information:- C AND M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U26900MH1999PTC118353

Company & Directors' Information:- V V TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300HR2008PTC037950

Company & Directors' Information:- S W TECHNOLOGIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74140DL1970PTC005326

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- B A TECHNOLOGIES LIMITED [Active] CIN = U74900PN2012PLC143775

Company & Directors' Information:- J TECHNOLOGIES INDIA LIMITED [Active] CIN = U72200TZ2000PLC009315

Company & Directors' Information:- J N TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050546

Company & Directors' Information:- J V D TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200MH2005PTC157334

Company & Directors' Information:- J K TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2000PTC108155

Company & Directors' Information:- I E M TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900MH2008PTC187513

Company & Directors' Information:- D. A. TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2008PTC173738

Company & Directors' Information:- K M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2006PTC150457

Company & Directors' Information:- D. L. TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175475

Company & Directors' Information:- T & T TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U33112UP2001PTC026185

Company & Directors' Information:- R P J TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300UP1994PTC016135

Company & Directors' Information:- S J R S TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2008PTC185244

Company & Directors' Information:- E M TECHNOLOGIES INDIA PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141257

Company & Directors' Information:- D W TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U50400HR2010PTC041610

Company & Directors' Information:- V INDIA TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900TN2008PTC069066

Company & Directors' Information:- R K H TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2000PTC106586

Company & Directors' Information:- M C A TECHNOLOGIES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U73100MH2003PTC143446

Company & Directors' Information:- A 2 D TECHNOLOGIES (I) PRIVATE LIMITED [Strike Off] CIN = U74120MH2010PTC208798

Company & Directors' Information:- V M B TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200TZ2009PTC015638

Company & Directors' Information:- M Y 5 TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300UP2010PTC039514

Company & Directors' Information:- V & T TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74900WB2013PTC199124

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Company & Directors' Information:- E TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC106075

Company & Directors' Information:- L B TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900MH2000PTC124946

Company & Directors' Information:- K-TECHNOLOGIES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900KL2006PTC019422

Company & Directors' Information:- J S R TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900PB2011PTC035189

Company & Directors' Information:- R V TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200TG2007PTC053614

Company & Directors' Information:- V T S TECHNOLOGIES LIMITED [Active] CIN = U29309TN1996PLC036728

Company & Directors' Information:- C A G TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U52335PB2009PTC032939

Company & Directors' Information:- V N TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900TN2006PTC061056

Company & Directors' Information:- H & S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900PY2009PTC002365

Company & Directors' Information:- K S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200PB2001PTC024628

Company & Directors' Information:- A TO Z TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900PB2011PTC035133

Company & Directors' Information:- V M S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U52392TN2004PTC054456

Company & Directors' Information:- B H TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74200MH2007PTC175126

Company & Directors' Information:- AT TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900PN2007PTC130827

Company & Directors' Information:- P E TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900PN2010PTC137065

Company & Directors' Information:- M & B TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200TN2010PTC074938

Company & Directors' Information:- M & T TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200TG2010PTC071594

Company & Directors' Information:- A A S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U74200TG2005PTC046996

Company & Directors' Information:- J K M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900TN2008PTC069232

Company & Directors' Information:- N R P TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900TG2009PTC064078

Company & Directors' Information:- O S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900CH2013PTC034358

Company & Directors' Information:- T & A TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200DL2010PTC205207

Company & Directors' Information:- M & A TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200DL2014PTC269962

Company & Directors' Information:- A N D TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200KA2012PTC066768

Company & Directors' Information:- NIKHIL TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U74920KA2010PTC052052

Company & Directors' Information:- A-1 TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U31900GJ2012PTC068883

Company & Directors' Information:- P AND 8 TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U52392KL2003PTC016720

Company & Directors' Information:- V R TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U64202CH2000PTC023433

Company & Directors' Information:- R K TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900CH2000PTC023550

Company & Directors' Information:- F C TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2007PTC159296

Company & Directors' Information:- S R J TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2008PTC176517

Company & Directors' Information:- G TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U29299GJ2001PTC039300

    W.P.(C). No. 9882 of 2019 & CM Nos. 40834, 40835 of 2019 (for exemption)

    Decided On, 13 September 2019

    At, High Court of Delhi

    By, THE HONOURABLE MS. JUSTICE REKHA PALLI

    For the Petitioner: Hem C. Vashisht, Advocate. For the Respondent: None.



Judgment Text

(Oral)

1. The present petition under Article 226 of the Constitution of India assails the order dated 23.05.2019 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 rejecting the petitioner’s appeal against the order dated 13.06.2016 passed by the Controlling Authority.

2. The respondent, who had worked with the petitioner organisation as a Junior Project Executive from 01.12.2008 to 21.02.2015, approached the Controlling Authority with a claim petition dated 27.08.2015 praying for a direction to the petitioner to release his gratuity. As per the claim petition, the respondent’s last drawn salary was Rs.11,518/- per month and, despite his demand notice dated 13.08.2015, the petitioner had failed to release his gratuity.

3. Upon notice being issued, the petitioner appeared before the Controlling Authority through its authorised representative on 28.09.2015 and sought time to file its reply to the claim petition, which it failed to do despite being granted repeated opportunities. In fact, none appeared on behalf of the petitioner on 26/10/2015, 18/11/2015 and 02/12/2015 and, therefore, the Controlling Authority was compelled to proceed ex parte against the petitioner on 02.12.2015. The Controlling Authority, therefore, relying on the unrebutted evidence of the respondent/claimant tendered before it, came to a conclusion that the respondent had rendered service from 01.12.2008 till 21.02.2015 and, accordingly, directed the petitioner to pay gratuity amounting to a sum of Rs.39870/- to the respondent along with 10% simple interest.

4. Aggrieved by the order of the Controlling Authority, the petitioner preferred an appeal before the Appellate Authority under the Payment of Gratuity Act (hereinafter referred as ‘the Act’). In the appeal, the main plea taken by the petitioner was that the respondent, having voluntarily abandoned his services with the petitioner company, was not entitled to receive any gratuity. This appeal came to be dismissed vide order dated 23.05.2019 by observing that once the petitioner did not appear before the Controlling Authority, the Controlling Authority was fully justified in accepting the uncontroverted evidence led by the respondent that he had worked at the petitioner company continuously for the period between 01.12.2008 to 21.02.2015. Aggrieved by this order of the Appellate Authority, the present petition has been preferred.

5. Learned counsel for the petitioner has primarily raised two contentions. He firstly submits that the Controlling Authority has failed to appreciate that the claim petition itself was not maintainable as, according to Rule 7(1) of the Payment of Gratuity (Central) Rules 1972, a claim could be made only within one month from the date when gratuity became payable to him. He, therefore, contends that in the light of the respondents’ claim that his services had come to an end on 21.02.2015 and the claim petition having been preferred on 27.08.2015, the same was time barred and ought to have been outrightly rejected by the competent authority. He submits that even if the petitioner had failed to appear before the Controlling Authority, it was incumbent upon the Authority to consider the effect of Rule 7(1) before allowing the respondent’s claim of the respondent which was patently time barred.

6. The petitioner’s second submission is that although the respondent had claimed that he had served in the petitioner company for a period of more than 6 years, in fact, he had served for a period lesser than the mandatory period of five years required for becoming eligible for payment of gratuity under Section 4 of the Act. He submits that the respondent had abandoned services from time to time and, therefore, the actual period of service rendered by him was falling short of the qualifying period of service required for payment of gratuity. He further submits that in any event, the service of the respondent was most unsatisfactory due to which he was issued repeated notices by the petitioner calling upon him to improve his performance. He, therefore, contends that in these circumstances the respondent was not entitled to claim gratuity and that the impugned order be set aside.

7. I have considered the submissions of the learned counsel for the petitioner and perused the record.

8. The undisputed position emerging from the record is that the respondent had joined the service of the petitioner company on 01.12.2008 where he continued to serve till 21.02.2015. Thus, the fact that the respondent was in the petitioner’s employment for more than five years is evident from the averment of the petitioner itself. In fact, the only plea taken by the petitioner is that the respondent had, during that period, abandoned service from time to time and, therefore, the said period could not be counted as qualifying period of service under the Act.

9. In my view, once the petitioner, despite service, chose not to file any reply before the Controlling Authority, its bald averment that the respondent had abandoned service from time to time cannot be accepted. A perusal of the record also shows that no document demonstrating that the respondent had ever abandoned service or that his services were terminated at any time between the period from 01.12.2008 to 21.02.2015 was filed before the Appellate Authority. In fact, no such document has been filed even before this Court. 2015. Thus, I have no hesitation to reject the petitioner’s contention that the respondent had not served for more than a period of five years and, therefore, was not entitled to gratuity under the Act. In these circumstances, the Controlling Authority was fully justified in relying on the uncontroverted testimony of the respondent in holding that he had, indeed, served continuously from the period between 01.12.008 to 21.02. 2015 thereby entitling him to receive payment of gratuity under the Act.

10. The second plea raised by the petitioner that the claim filed on 27.08.2015, i.e., more than six months after the date of termination was not maintainable in the light of Rule 7(1) of the Payment of Gratuity (Central) Rules 1972 is also wholly misconceived. For the sake of convenience, the said Rule is reproduced hereinbelow:

“7. Application for gratuity.-(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer:

Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.”

11. I find that the conten

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tion raised by the petitioner is based on a complete misreading of the provisions of the aforesaid Rule. A perusal of Rule 7(1) of the Payment of Gratuity (Central) Rules 1972 shows that the said Rule merely provides that an employee shall make an application to his employer, ordinarily within a period of 30 days from the date when gratuity becomes payable to him. There is no requirement under this Rule that the claim petition before the Controlling Authority must be mandatorily made within 30 days, as is sought to be contended by the petitioner. 12. In the light of the aforesaid, I find absolutely no reason to interfere with the impugned order. 13. The writ petition, being meritless, is dismissed along with the pending applications.
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