NEUTRAL CITATION
C/LPA/907/2023 ORDER DATED: 20/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 907 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 7305 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 907 of 2023
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MORBI MUNICIPALITY THROUGH CHIEF OFFICER
Versus
HEMIBEN HARIBHAI
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Appearance:
MR DEEPAK P SANCHELA(2696) for the Appellant(s) No. 1
MR KRUNAL D PANDYA(3283) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 20/09/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr.Deepak Sanchela for the appellant and learned advocate Mr.Krunal Pandya for the respondent.
2. The present Letters Patent Appeal was directed against judgment and order dated 7.7.2023 of learned single Judge, whereby learned single Judge confirmed the orders of Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, 1972, impugned before her.
3. The petitioner- respondent employee under the appellant Municipality engaged as daily wager in the year 1984 and her services were regularized on 1.7.1989. She reached the age of Page 1 of 2 Downloaded on : Fri Sep 22 20:39:03 IST 2023 NEUTRAL CITATION C/LPA/907/2023 ORDER DATED: 20/09/2023 undefined superannuation on 30.4.2015.
3.1 At the same time when the appeal comes up for consideration today, learned advocate for the appellant stated that the issues involved and arising from impugned order and judgment of learned single Judge, are decided in the similar cases in Morbi Municipality through Chief Officer Vs. Laxmiben Chhaganbhai being Letters Patent Appeal No.1077 of 2023 and allied petitions.
4. The position of law emanating from the said decision would apply in the present facts and the case also. The rights and obligation of the parties shall be governed by Laxmiben Chhaganbhai (supra) and as per the judgment and order of learned single Judge impugned in this appeal.
5. The present Letters Patent Appeal is accordingly dismissed. Interim orders are vacated.
In view of disposal of the appeal, the Civil Application will not survive. Accordingly, it is disposed of.
(N.V.ANJARIA, J) (D. M. DESAI,J) Manshi Page 2 of 2 Downloaded on : Fri Sep 22 20:39:03 IST 2023