NEUTRAL CITATION
C/SCA/7899/2023 ORDER DATED: 26/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7899 of 2023
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GOVERNMENT LABOUR OFFICER
Versus
SHRIMATI BHARTIBEN N. TRIVEDI
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Appearance:
MR MD RAHEVAR, ASST GOVERNMENT PLEADER for the Petitioner(s)
No. 1,2
for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 26/09/2023
ORAL ORDER
1. This is a petition under Article 226 and 227 of the Constitution of India, under the payment of Gratuity Act filed by the State challenging the judgment and award dated 30.07.2021 passed by the Appellate Authority under the Payment of Gratuity Act, Rajkot in Gratuity Case No.8 of 2019.
2. As per the case of the petitioner, the husband of the respondent was working with the petitioner and was rendering honorary services for 34 years and was paid Rs.4500/- as an honorarium. He was appointed on 20.05.1982 and retired on 31.12.2015. Thereafter, respondent No.1 has filed an application before the Controlling Authority under the Payment of Gratuity Act claiming gratuity, which was allowed vide order dated 12.12.2018 and the petitioner was directed to pay an amount of Rs.83,077/-. Being aggrieved by the same, the petitioner filed an appeal before the Appellate Authority contending that respondent No.1 was rendering honourary Page 1 of 3 Downloaded on : Tue Oct 03 20:31:10 IST 2023 NEUTRAL CITATION C/SCA/7899/2023 ORDER DATED: 26/09/2023 undefined services and there is no regular post and therefore, respondent No.1 is not entitled for the benefits of gratuity amount. The Appellate Authority dismissed the appeal. Hence, the present petition.
3. Heard learned AGP Mr. Rahevar for the petitioner. It is brought to the notice of this Court that as per the order passed by the controlling authority, the controlling authority is relying upon a decision in case of Gujarat Rural Labour Welfare Board vs. Manjulaben Natwarlal Jani, whose gratuity case was challenged by the government by way of filing Special Civil Application No.8586 of 2015, which was decided on 28.08.2016, and the order of the controlling authority and the appellate authority was upheld. Against which Letters Patent Appeal No. 1628 of 2019 was filed, which was also dismissed and the Special Leave Petition (Civil) No. 7723 of 2020 filed before the Honourable Supreme Court was also dismissed on 09.06.2020. Based upon these decision, the order of the controlling authority was passed regarding the payment of gratuity as well as the appellate authority has also rejected the appeal accordingly.
4. It is submitted that while nothing has been brought on record against the aspect that other employee of the same department has been granted the gratuity and when such order of granting gratuity was challenged, it has been dismissed by the Single Judge, Division Bench and also the Apex Court.
5. I have perused the order of this Court followed by the order in Letters Patent Appeal. In that event, nothing adverse Page 2 of 3 Downloaded on : Tue Oct 03 20:31:10 IST 2023 NEUTRAL CITATION C/SCA/7899/2023 ORDER DATED: 26/09/2023 undefined has been brought on record which can support the say of the petitioner - State regarding the illegality of the order passed by the controlling authority. In this event, there is no substance in the petition. Hence, the same is rejected.
6. Payment of the gratuity along with the interest shall be disbursed in favour of the respondent - workman immediately after due verification and identification.
(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA Page 3 of 3 Downloaded on : Tue Oct 03 20:31:10 IST 2023