Morbi Municipality Through Chief ... vs Hemiben Haribhai
2023 Latest Caselaw 6940 Guj

                                                                                          NEUTRAL CITATION




     C/LPA/907/2023                                      ORDER DATED: 20/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 907 of 2023
            In R/SPECIAL CIVIL APPLICATION NO. 7305 of 2023
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
              In R/LETTERS PATENT APPEAL NO. 907 of 2023
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             MORBI MUNICIPALITY THROUGH CHIEF OFFICER
                               Versus
                         HEMIBEN HARIBHAI
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Appearance:
MR DEEPAK P SANCHELA(2696) for the Appellant(s) No. 1
MR KRUNAL D PANDYA(3283) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                Date : 20/09/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Deepak Sanchela for the appellant and learned advocate Mr.Krunal Pandya for the respondent.

2. The present Letters Patent Appeal was directed against judgment and order dated 7.7.2023 of learned single Judge, whereby learned single Judge confirmed the orders of Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, 1972, impugned before her.

3. The petitioner- respondent employee under the appellant Municipality engaged as daily wager in the year 1984 and her services were regularized on 1.7.1989. She reached the age of

NEUTRAL CITATION

C/LPA/907/2023 ORDER DATED: 20/09/2023

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superannuation on 30.4.2015.

3.1 At the same time when the appeal comes up for consideration today, learned advocate for the appellant stated that the issues involved and arising from impugned order and judgment of learned single Judge, are decided in the similar cases in Morbi Municipality through Chief Officer Vs. Laxmiben Chhaganbhai being Letters Patent Appeal No.1077 of 2023 and allied petitions.

4. The position of law emanating from the said decision would apply in the present facts and the case also. The rights and obligation of the parties shall be governed by Laxmiben Chhaganbhai (supra) and as per the judgment and order of learned single Judge impugned in this appeal.

5. The present Letters Patent Appeal is accordingly dismissed. Interim orders are vacated.

In view of disposal of the appeal, the Civil Application will not survive. Accordingly, it is disposed of.

(N.V.ANJARIA, J)

(D. M. DESAI,J) Manshi