Gujarat High Court
Chief Executive And Vice ... vs Jadavbhai Laljibhai Motivaras on 13 October, 2021
Bench: N.V.Anjaria, A. P. Thaker
C/LPA/895/2021 ORDER DATED: 13/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 895 of 2021
In
R/SPECIAL CIVIL APPLICATION NO. 10846 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/LETTERS PATENT APPEAL NO. 895 of 2021
With
R/LETTERS PATENT APPEAL NO. 896 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10843 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/LETTERS PATENT APPEAL NO. 896 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10843 of 2021
With
R/LETTERS PATENT APPEAL NO. 897 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10844 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In
R/LETTERS PATENT APPEAL NO. 897 of 2021
In
SPECIAL CIVIL APPLICATION NO. 10844 of 2021
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CHIEF EXECUTIVE AND VICE CHAIRMAN, GUJARAT MARITIME BOARD
Versus
JADAVBHAI LALJIBHAI MOTIVARAS
================================================================
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 : 13/10/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
C/LPA/895/2021 ORDER DATED: 13/10/2021
Order in Letters Patent Appeals :
The present captioned Letters Patent Appeals arise
out of the order dated 05.08.2021 passed in Special Civil
Applications by the learned Single Judge confirming the
orders passed by the authorities under the Payment of
Gratuity Act, 1972. The issue involved is whether the
services rendered by the respondent - employees in
capacity of Rojamdars could be counted for the purpose of
calculation of gratuity in respect of such period.
Learned advocate for the appellants stated that
similar issue involved in Letters Patent Appeal No.856 of
2021 has been admitted as per the order dated
01.10.2021.
All these Appeals are admitted. The same shall be
listed along with Letters Patent Appeal No.856 of 2021.
Order in Civil Applications :
Rule returnable on 25th November 2021.
2. Learned advocate for the applicants 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
C/LPA/895/2021 ORDER DATED: 13/10/2021
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.
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)
V.R. PANCHAL
