LAWS(GJH)-2010-7-61

GENERAL MANAGER ABAD DAIRY Vs. PPELLATE AUTHORITY

Decided On July 15, 2010
GENERAL MANAGER ABAD DAIRY Appellant
V/S
PPELLATE AUTHORITY Respondents

JUDGEMENT

(1.) Special Civil Application No. 3379 of 1996 is preferred by the petitioner- employer- Ahmedabad Dairy, Ahmedabad against the order dated 12.03.1996 passed in Appeal No. 2 of 1995 whereby the Appellate authority directed the petitioner to make payment towards gratuity for the years 1958 to 1989.

(2.) Special Civil Application No. 3424 of 1996 has been preferred by the respondent-employee against the order dated 12.03.1996 passed in Appeal No. 2 of 1995 whereby the appeal is allowed by granting the claim of the gratuity of respondent-employee from the year 1985 to 1989 and rejected the claim of Gratuity for the period 1983-84 and 1990-1994.

(3.) The respondent-employee joined services of the petitioner as a Badli Worker on 11.08.1983. Thereafter on 25.01.1994, he gave resignation and the same was accepted by the petitioner-employer. On 11.04.1994, respondent submitted Form I to the petitioner-Dairy for claiming the gratuity. On 30.12.1994, the Controlling Authority has rejected the claim of the respondent. Hence, the respondent filed Appeal before the Appellate authority which was partly allowed by granting the claim of the gratuity of the respondent for the year 1985 to 1989 and rejected the claim of gratuity for the period 1982-84 and 1990-1994. Hence, these petitions.