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
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C/SCA/13012/2025 JUDGMENT DATED: 18/09/2025
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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
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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
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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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8. Resultantly, this petition is dismissed.
9. Rule is discharged.
(M. K. THAKKER,J)
NIVYA A. NAIR
