Synopsis

The employer (a de‑registered cooperative society) challenged orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 1972, which directed payment of gratuity to retired/retrenched employees. The employer contended that the applications filed by the employees were delayed by nearly 30 years and that the employees had already been paid full gratuity. The employer also claimed that it was not given proper opportunity before the Controlling Authority. The Bombay High Court dismissed all writ petitions, holding that non‑payment of gratuity is a continuing cause of action, and therefore the delay does not bar the claim. The court refused to remand the matter, noting that the employer failed to produce any documentary evidence proving payment, and that gratuity is a welfare legislation.

Court: High Court of Judicature at Bombay, Bench at Aurangabad

Coram: Hon’ble Mr. Justice Siddheshwar S. Thombre (Single Judge)

Date of Judgment: 24th April, 2026

Citation: Writ Petition No. 6408 of 2018 and connected matters (2026:BHC-AUG:2150)

Core Law: Payment of Gratuity Act, 1972 – Sections 4, 7; Limitation – continuing cause of action; Cooperative Societies Act – liquidation

1. Heading of the judgment

High court of judicature at bombay bench at aurangabad

Writ petition no. 6408 of 2018 and connected matters (wp no. 6409/2018, 6415/2018, 6474/2018, 2961/2018, 2962/2018, 2968/2018, 2963/2018, 2965/2018, 2967/2018, 2966/2018, 2964/2018)

The assistant registrar, co-operative societies / official assignee, co-operative oil industries ltd. (de‑registered), latur (petitioner) vs. Dnyanchandra r. shinde (died through l.r. satyabhama w/o dnyanchandra shinde) and others (respondents)

Coram: hon’ble mr. justice siddheshwar s. thombre

Date of judgment: 24th april, 2026

2. Legal framework

Major laws and provisions involved:

Payment of gratuity act, 1972 – section 4 (payment of gratuity), section 7 (determination of amount of gratuity; application to controlling authority)

Limitation act, 1963 – principle of continuing cause of action

Co‑operative societies act (maharashtra) – liquidation and de‑registration

Subj

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