Morbi Municipality Through Chief ... vs Laxmiben Chhaganbhai
2023 Latest Caselaw 6087 Guj

NEUTRAL CITATION

C/LPA/1077/2023 ORDER DATED: 19/08/2023

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/LETTERS PATENT APPEAL NO. 1077 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7306 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1077 of 2023 With R/LETTERS PATENT APPEAL NO. 1076 of 2023 In SPECIAL CIVIL APPLICATION NO. 7316 of 2023 With R/LETTERS PATENT APPEAL NO. 1078 of 2023 In SPECIAL CIVIL APPLICATION NO. 7373 of 2023 With R/LETTERS PATENT APPEAL NO. 1079 of 2023 In SPECIAL CIVIL APPLICATION NO. 7391 of 2023 With R/LETTERS PATENT APPEAL NO. 1080 of 2023 In SPECIAL CIVIL APPLICATION NO. 7378 of 2023 With R/LETTERS PATENT APPEAL NO. 1081 of 2023 In SPECIAL CIVIL APPLICATION NO. 7381 of 2023 With R/LETTERS PATENT APPEAL NO. 1082 of 2023 In SPECIAL CIVIL APPLICATION NO. 7327 of 2023 With R/LETTERS PATENT APPEAL NO. 1083 of 2023 In SPECIAL CIVIL APPLICATION NO. 7320 of 2023 With R/LETTERS PATENT APPEAL NO. 1084 of 2023 In SPECIAL CIVIL APPLICATION NO. 7374 of 2023 With R/LETTERS PATENT APPEAL NO. 1096 of 2023 In SPECIAL CIVIL APPLICATION NO. 7376 of 2023 With R/LETTERS PATENT APPEAL NO. 1097 of 2023 In

NEUTRAL CITATION

C/LPA/1077/2023 ORDER DATED: 19/08/2023

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SPECIAL CIVIL APPLICATION NO. 7386 of 2023 With R/LETTERS PATENT APPEAL NO. 1098 of 2023 In SPECIAL CIVIL APPLICATION NO. 7321 of 2023 With R/LETTERS PATENT APPEAL NO. 1099 of 2023 In SPECIAL CIVIL APPLICATION NO. 7388 of 2023 With R/LETTERS PATENT APPEAL NO. 1108 of 2023 In SPECIAL CIVIL APPLICATION NO. 7309 of 2023 With R/LETTERS PATENT APPEAL NO. 1109 of 2023 In SPECIAL CIVIL APPLICATION NO. 7371 of 2023 With R/LETTERS PATENT APPEAL NO. 1110 of 2023 In SPECIAL CIVIL APPLICATION NO. 7325 of 2023 With R/LETTERS PATENT APPEAL NO. 1111 of 2023 In SPECIAL CIVIL APPLICATION NO. 7375 of 2023 With R/LETTERS PATENT APPEAL NO. 1112 of 2023 In SPECIAL CIVIL APPLICATION NO. 7317 of 2023 With R/LETTERS PATENT APPEAL NO. 1113 of 2023 In SPECIAL CIVIL APPLICATION NO. 7372 of 2023 With R/LETTERS PATENT APPEAL NO. 1114 of 2023 In SPECIAL CIVIL APPLICATION NO. 7329 of 2023 With R/LETTERS PATENT APPEAL NO. 1115 of 2023 In SPECIAL CIVIL APPLICATION NO. 7328 of 2023 With R/LETTERS PATENT APPEAL NO. 1116 of 2023 In SPECIAL CIVIL APPLICATION NO. 7387 of 2023 With R/LETTERS PATENT APPEAL NO. 1117 of 2023

NEUTRAL CITATION

C/LPA/1077/2023 ORDER DATED: 19/08/2023

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In SPECIAL CIVIL APPLICATION NO. 7324 of 2023 With R/LETTERS PATENT APPEAL NO. 1118 of 2023 In SPECIAL CIVIL APPLICATION NO. 7312 of 2023 With R/LETTERS PATENT APPEAL NO. 1119 of 2023 In SPECIAL CIVIL APPLICATION NO. 7379 of 2023 With R/LETTERS PATENT APPEAL NO. 1120 of 2023 In SPECIAL CIVIL APPLICATION NO. 7315 of 2023 With R/LETTERS PATENT APPEAL NO. 1121 of 2023 In SPECIAL CIVIL APPLICATION NO. 7385 of 2023 With R/LETTERS PATENT APPEAL NO. 1122 of 2023 In SPECIAL CIVIL APPLICATION NO. 7313 of 2023 With R/LETTERS PATENT APPEAL NO. 1123 of 2023 In SPECIAL CIVIL APPLICATION NO. 7310 of 2023 With R/LETTERS PATENT APPEAL NO. 1124 of 2023 In SPECIAL CIVIL APPLICATION NO. 7383 of 2023 With R/LETTERS PATENT APPEAL NO. 1125 of 2023 In SPECIAL CIVIL APPLICATION NO. 7377 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1076 of 2023 In SPECIAL CIVIL APPLICATION NO. 7316 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1078 of 2023 In SPECIAL CIVIL APPLICATION NO. 7373 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1079 of 2023

NEUTRAL CITATION

C/LPA/1077/2023 ORDER DATED: 19/08/2023

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In SPECIAL CIVIL APPLICATION NO. 7391 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1080 of 2023 In SPECIAL CIVIL APPLICATION NO. 7378 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1081 of 2023 In SPECIAL CIVIL APPLICATION NO. 7381 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1082 of 2023 In SPECIAL CIVIL APPLICATION NO. 7327 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1083 of 2023 In SPECIAL CIVIL APPLICATION NO. 7320 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1084 of 2023 In SPECIAL CIVIL APPLICATION NO. 7374 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1096 of 2023 In SPECIAL CIVIL APPLICATION NO. 7376 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1097 of 2023 In SPECIAL CIVIL APPLICATION NO. 7386 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1098 of 2023 In SPECIAL CIVIL APPLICATION NO. 7321 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1099 of 2023 In SPECIAL CIVIL APPLICATION NO. 7388 of 2023

NEUTRAL CITATION

C/LPA/1077/2023 ORDER DATED: 19/08/2023

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With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1108 of 2023 In SPECIAL CIVIL APPLICATION NO. 7309 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1109 of 2023 In SPECIAL CIVIL APPLICATION NO. 7371 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1110 of 2023 In SPECIAL CIVIL APPLICATION NO. 7325 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1111 of 2023 In SPECIAL CIVIL APPLICATION NO. 7375 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1112 of 2023 In SPECIAL CIVIL APPLICATION NO. 7317 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1113 of 2023 In SPECIAL CIVIL APPLICATION NO. 7372 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1114 of 2023 In SPECIAL CIVIL APPLICATION NO. 7329 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1115 of 2023 In SPECIAL CIVIL APPLICATION NO. 7328 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1116 of 2023 In SPECIAL CIVIL APPLICATION NO. 7387 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023

NEUTRAL CITATION

C/LPA/1077/2023 ORDER DATED: 19/08/2023

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In R/LETTERS PATENT APPEAL NO. 1117 of 2023 In SPECIAL CIVIL APPLICATION NO. 7324 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1118 of 2023 In SPECIAL CIVIL APPLICATION NO. 7312 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1119 of 2023 In SPECIAL CIVIL APPLICATION NO. 7379 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1120 of 2023 In SPECIAL CIVIL APPLICATION NO. 7315 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1121 of 2023 In SPECIAL CIVIL APPLICATION NO. 7385 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1122 of 2023 In SPECIAL CIVIL APPLICATION NO. 7313 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1123 of 2023 In SPECIAL CIVIL APPLICATION NO. 7310 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1124 of 2023 In SPECIAL CIVIL APPLICATION NO. 7383 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/LETTERS PATENT APPEAL NO. 1125 of 2023 In SPECIAL CIVIL APPLICATION NO. 7377 of 2023 ========================================================== MORBI MUNICIPALITY THROUGH CHIEF OFFICER Versus LAXMIBEN CHHAGANBHAI ==========================================================

NEUTRAL CITATION

C/LPA/1077/2023 ORDER DATED: 19/08/2023

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Appearance:

MR DEEPAK P SANCHELA(2696) for the Appellant(s) No. 1 for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 19/08/2023

ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. In this group of Appeals, common question for consideration raise before us is as to whether there can be bifurcation of the period of services of a daily rated employee who has later being regularized, for the purposes of computation of gratuity under Section 4 of the Payment of Gratuity Act, 1972.

1.1 All the Appeals have been heard together and are being decided by this common judgment.

2. Heard Shri Deepak Sanchela, learned counsel for the appellant and perused the record.

3. The appellant herein is raising a dispute with regard to the computation of gratuity payable to the employees, as per the provisions of Section 4 of Payment of Gratuity Act, 1972.

4. The contention is that the respondent No.1 - employee was a daily wager whose services later regularized. The computation of gratuity for the period of service rendered by him as daily wager cannot be made as per the formula mentioned in Sub

NEUTRAL CITATION

C/LPA/1077/2023 ORDER DATED: 19/08/2023

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section (2) of Section 4 of the Act, 1972. Further contention is that the appellant herein is not raising a dispute with regard to the entitlement of respondent No.1 about gratuity but the dispute only is about the computation. The respondent No.1 cannot demand gratuity at the rate prescribed in Sub section (2) of Section 4 at the regular salary, for the period of services rendered by him as daily wager.

5. To deal with this submission of the learned counsel for the appellant, we are required to note the findings returned by the learned single Judge in the judgment impugned. It is categorically recorded therein that a co-ordinate Bench of this court in Letters Patent Appeal No.1195 of 2017, has held as follows:-

"9. ... The provisions of the Payment of Gratuity Act make no distinction between a regular employee and a daily wager. There is no specific provision that daily wagers are not entitled to the payment of gratuity. Considering the provisions of the Payment of Gratuity Act, 1972 particularly Sections 3 to 5 and 14, it can very well be seen that the provisions of the Act shall have effect notwithstanding anything inconsistent with any other enactments. The submission therefore made by learned counsel for the respective appellants that once having earned the gratuity under the relevant provisions of Gujarat Civil Service (Pension) Rules, 2002, the period rendered prior to such regularization and claimed under such rules would disentitle such employee from claiming gratuity under the Gratuity Act as a daily wager cannot be sustained."

5.1 The learned single Judge has further considered the definition of 'employee' under Section 2(e) of the Act, 1972

NEUTRAL CITATION

C/LPA/1077/2023 ORDER DATED: 19/08/2023

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which include all category of employees, working skilled, semi- skilled, or unskilled, manual, supervisory, technical or clerical. Section 4 (1) of the Act, 1972 provides that gratuity shall be payable to an employee, who is defined under Section 2(e) of the Act, 1972, on the conditions mentioned in Sub section (1) therein. Sub section (2) prescribes for computation of gratuity which provides that the rate of wages last drawn by the employee concerned, would be relevant for the purposes of computation at the rate of 15 days wages, provided therein.

5.2 There are only two exceptions to this general rule for computation under Sub section (2) of Section 4 which are in the first and second Proviso of Sub section (2). There is no other exclusion to the rate provided in Sub section (2) of Section 4.

6. For the above, we do not find any infirmity in the conclusion drawn by the learned single Judge in paragraph 6 of the judgment impugned, turning down the contention of learned counsel for the petitioner - appellant that for daily waged employee, different computation is required. For the aforesaid reasons, no interference, as such, is called for.

7. The Letters Patent Appeals are dismissed accordingly.

In view of dismissal of the Appeals, the Civil Applications will not survive. They are accordingly, disposed of.

(SUNITA AGARWAL, CJ )

(N.V.ANJARIA, J) Mansi