1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. LPA No.333/2007 in Writ Petition No.1788/2007 (Indian Bank through Asstt. General Manager .vs. Baba Sakharam Kharbade and ors.) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. B. Lahiri, Advocate for the Appellant. Mr. F.I. Khan, Advocate for Respondent no. 1. .......... CORAM : K.J. ROHEE, & R.C. CHAVAN, JJ DATED : FEBRUARY 13, 2008 1. Heard counsel for the parties. 2. The appellant wanted to challenge the order of the Controlling Authority dated 6.7.2006 directing payment of gratuity to respondent no.1. However, the appeal was preferred beyond 120 days from the date of order. Hence the appellate authority did not entertain the appeal. The learned Single Judge held that the appellate authority had no jurisdiction to condone the delay in 2 preferring the appeal beyond 120 days. In J.L. Morrison India Ltd. Mumbai .vs. Dy. Commissioner of Labour, Mumbai- 2007 (6) Mh.L.J. 393, the Division Bench of this Court held that the appellate authority under Gratuity Act cannot entertain appeal beyond 120 days from the date of receipt of the order and that resort to Section 5 of the Limitation Act is impermissible. In view of this clear position of law, we see no merit in the appeal. The same is, therefore, dismissed. JUDGE JUDGE halwai