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Apeejay Education Society vs. Akshay Anand

Writ Petition (Civil) · 2026:DHC:7830Decided 9 Sept 2026New Delhi Bench
W.P.(C) 7475/2026CNR: DLHC010242762026
Justice Mini Pushkarna

Background

In a gratuity claim filed by a former employee (the respondent) against his employer (the petitioner-school society) before the Controlling Authority under the Payment of Gratuity Act, 1972, the employer's right to cross-examine the employee had been closed by the Controlling Authority in June 2025 for delay, and a subsequent request to reopen that opportunity was also dismissed in August 2025. The employer challenged both orders before the High Court, seeking one more chance to cross-examine.

Decision Breakdown

During the hearing (with the respondent employee appearing in person via video conference), the employee stated he had no objection to the employer being given a fresh opportunity to cross-examine him, provided it was done quickly and within a fixed timeframe. On this basis, and by consent of both sides, the High Court set aside both of the Controlling Authority's earlier orders closing the cross-examination, and directed that the employer must complete the cross-examination on the very next hearing date before the Controlling Authority (08 October 2026), with any spillover to be completed on a subsequent date fixed by that Authority. As a condition for reopening this opportunity (given the delay already caused), the Court ordered the employer to pay Rs. 30,000 in costs to the employee.

Lesson Learnt

Courts can restore a party's right to cross-examine a witness even after it was earlier closed due to delay, but they will typically balance this fairness to the party seeking more time against the prejudice already caused to the other side, often by imposing a strict deadline and a cost payment as the price of reopening the opportunity.

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