Gujarat High Court
Mahalaxmi Fabric Mills (A Unit Of ... vs Jasram Anarsingh on 18 September, 2025
NEUTRAL CITATION
C/SCA/13012/2025 JUDGMENT DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13012 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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MAHALAXMI FABRIC MILLS (A UNIT OF MAHALAXMI RUBTECH LIMITED)
Versus
JASRAM ANARSINGH & ANR.
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Petitioner(s) No. 1
MS.DIXA PANDYA, AGP for the Respondent(s) No. 2
JWALIT B SONEJI(7895) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 18/09/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate Mr.Soneji waives service of notice of Rule on behalf of respondent No.1. Learned AGP Ms.Dixa Pandya waives service of notice of Rule on behalf of respondent No.2.
2. This petition is filed under Articles 226 and 227 of the Constitution of India, challenging the order dated 12.01.2025 passed by the learned Appellate Authority Page 1 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 21:46:12 IST 2025 NEUTRAL CITATION C/SCA/13012/2025 JUDGMENT DATED: 18/09/2025 undefined under the Payment of Gratuity Act, 1972, whereby the appeal filed by the petitioner was rejected.
3. It is the case of the petitioner that Respondent No. 1 submitted Form I claiming the gratuity amount, following which an application under the Payment of Gratuity Act was filed as Gratuity Case No. 212 of 2019. The learned Controlling Authority, by order dated 01.04.2021, directed the petitioner to pay gratuity amounting to Rs. 2,04,000/- along with 10% interest from the date of application. The said order was challenged by the petitioner before the learned Appellate Authority by filing Appeal No. 60 of 2021, which was dismissed. Thereafter, a writ petition being SCA No. 15407 of 2022 was filed challenging the dismissal, wherein this Court allowed the petition and remanded the matter to the learned Appellate Authority for reconsideration and to pass a speaking order. Consequently, the learned Appellate Authority re- decided the appeal and again dismissed the same, which is now the subject matter of challenge before this Court.
4. Heard learned advocate Mr.Prabhakar Upadhyay for the petitioner and learned advocate Mr.Jwalit Soneji for the Page 2 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 21:46:12 IST 2025 NEUTRAL CITATION C/SCA/13012/2025 JUDGMENT DATED: 18/09/2025 undefined respondent.
5. Learned advocate Mr. Upadhyay submits that the order passed by the learned Appellate Authority is devoid of any cogent reasons. Despite the respondent failing to produce any evidence on record to establish continuous service from 1979 to 2019, the learned Appellate Authority upheld the order passed by the learned Controlling Authority, directing the petitioner to pay the sum of Rs. 2,04,000/- with interest at the rate of 10% from the date of application. Learned advocate Mr. Upadhyay further submits that the leave card produced by the respondent was accepted without proper proof or verification. Therefore, the impugned order deserves to be set aside, and the petition should be allowed.
6. Per contra, learned advocate Mr. Soneji submits that the petitioner neither adduced any evidence nor cross- examined the respondent to controvert the facts stated in the application. Learned advocate Mr. Soneji further submits that the leave card produced, indicating that the respondent served from the year 1979 to 2019, was not rebutted by the petitioner. Therefore, no error has been committed by the learned Controlling Authority or the Page 3 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 21:46:12 IST 2025 NEUTRAL CITATION C/SCA/13012/2025 JUDGMENT DATED: 18/09/2025 undefined learned Appellate Authority in passing the impugned order in favor of the respondent. In the aforesaid circumstances, no interference is warranted, and the petition ought to be dismissed.
7. Having considered the arguments advanced by the learned advocates for the respective parties, it is noted that in the earlier stage of litigation, a writ petition was filed being Special Civil Application No. 15407 of 2022 along with allied matters. This Court, by order dated 21.08.2024, directed the learned Appellate Authority to rehear and decide the appeal afresh. Subsequently, the learned Appellate Authority, upon consideration of the evidence adduced by the respondent in the form of the leave card which was not rebutted by the petitioner, concluded that the respondent's last drawn wage was Rs. 8,840/- and that he had served continuously from 1979 to 2019. As no material has been placed on record to controvert the facts stated by the respondent, this Court is of the opinion that no error was committed by the learned Appellate Authority in dismissing the appeal. Accordingly, the petition, being devoid of merit, deserves to be dismissed.
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NEUTRAL CITATION C/SCA/13012/2025 JUDGMENT DATED: 18/09/2025 undefined
8. Resultantly, this petition is dismissed.
9. Rule is discharged.
(M. K. THAKKER,J) NIVYA A. NAIR Page 5 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 21:46:12 IST 2025