Gujarat High Court
Chief Executive And Vice ... vs Pravinbhai Meghjibhai Kotia on 1 October, 2021
Bench: N.V.Anjaria, A. P. Thaker
C/LPA/856/2021 ORDER DATED: 01/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 856 of 2021
In
R/SPECIAL CIVIL APPLICATION NO. 10799 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/LETTERS PATENT APPEAL NO. 856 of 2021
With
R/LETTERS PATENT APPEAL NO. 857 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10798 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/LETTERS PATENT APPEAL NO. 857 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10798 of 2021
With
R/LETTERS PATENT APPEAL NO. 858 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10794 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/LETTERS PATENT APPEAL NO. 858 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10794 of 2021
With
R/LETTERS PATENT APPEAL NO. 859 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10796 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/LETTERS PATENT APPEAL NO. 859 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10796 of 2021
With
R/LETTERS PATENT APPEAL NO. 860 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10800 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/LETTERS PATENT APPEAL NO. 860 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10800 of 2021
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CHIEF EXECUTIVE AND VICE CHAIRMAN, GUJARAT MARITIME BOARD
Versus
PRAVINBHAI MEGHJIBHAI KOTIA
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Page 1 of 4
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C/LPA/856/2021 ORDER DATED: 01/10/2021
Appearance:
MS SEJAL K MANDAVIA(436) for the Appellant(s) No. 1,2
for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE DR. JUSTICE A. P. THAKER
Date : 01/10/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
ORDER IN LETTERS PATENT APPEALS
Draft amendment already forming part of papers of the
appeals is granted. The same may be carried out.
Heard learned advocate Ms.Sejal Mandavia for the
appellants.
The present Letters Patent Appeals arise from the order
dated 4.8.2021 passed in Special Civil Applications by learned
Single Judge, whereby learned Single Judge has confirmed the
orders passed by the authorities under the Payment of Gratuity
Act, 1972. The issue involved is whether the services rendered
in capacity of Rojmadars by the respondent-employees could
be counted for the purpose of calculation of gratuity in respect
of such period.
Learned advocate invited attention of the Court to order
dated 21.12.2017 in Letters Patent Appeal No.2421 of 2017
passed by Division Bench of this Court, to state that in the said
appeals identical issue is involved. Learned advocate for the
appellant also produced copy of order of the Apex Court dated
21.1.2020 in Dhansai Sahu v. State of Chhatisgarh and
Others in Civil Appeal, in which the same issue was dealt with
to be referred to the Larger Bench.
C/LPA/856/2021 ORDER DATED: 01/10/2021
In the above view, all these appeals are admitted.
ORDER IN CIVIL APPLICATIONS
RULE returnable on 25.11.2021.
2. Learned advocate for the applicant states that the
amount of gratuity awarded by the authority has already been
deposited before the appellate authority under the Payment of
Gratuity Act.
3. In the said view and in the facts of the case, there shall
be stay of the impugned judgment and order of learned Single
Judge as well as the orders passed by the authority under the
Payment of Gratuity Act.
4. The amount of gratuity deposited with the appellate
authority shall be invested in Fixed Deposit with a nationalized
bank, initially for a period of one year, and renewable, subject
to further orders that may be passed by the Court.
4.1 The Fixed Deposit Receipts shall remain in the custody of
the Registrar of the appellate authority.
4.2 The interest, which may accrue, shall be quarterly paid to
the workman concerned, for which the workman shall furnish
the details of the savings bank account to the appellate
authority where the amount of interest to be quarterly paid, as
above, shall be directly transferred.
C/LPA/856/2021 ORDER DATED: 01/10/2021
5. The Fixed Deposit shall not be permitted to be used for
any other purpose by the workmen including for raising of
loan.
(N.V.ANJARIA, J)
(DR. A. P. THAKER, J)
R.S. MALEK
