LAWS(GJH)-2010-9-20

KHETIWADI UTPADAN BAZAR SAMITI Vs. NAVNITRAI MADHAVJI DAVE

Decided On September 03, 2010
KHETIWADI UTPADAN BAZAR SAMITI THROUGH SECRETARY Appellant
V/S
NAVNITRAI MADHAVJI DAVE Respondents

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the impugned order dated 25.08.2009 passed by the Controlling Authority in Gratuity Application No.25/2009 as well as the order dated 31.03.2010 passed by the Appellate Authority confirming the order passed by the Controlling Authority by which the petitioner is directed to pay gratuity of Rs.16,754/- with 10% interest from 01.05.2009.

(2.) Having heard Shri Supehia, learned advocate appearing on behalf of the petitioner and considering the orders passed by both the Authorities below and having found that the respondent worked with the petitioner for the period between 01.10.2001 to 31.03.2009 without break and when the petitioner failed to prove that the respondent was appointed on season basis, it cannot be said that both the authorities below have committed any error in directing the petitioner to pay the amount of gratuity to the respondent. There are concurrent findings given by both the authorities below which are not required to be interfered by this Court.

(3.) In view of the above, there is no substance in the present petition which deserves to be dismissed and is, accordingly, dismissed.