PITAMBERDAS RAMCHANDRA VATWANI Vs. GIRISHKUMAR TULSIBHAI MAKWANA

JUDGEMENT

(1.) Heard learned advocate Mr. Prabhakar Upadhyay appearing on behalf of petitioner.

(2.) The petitioner has challenged order passed by Controlling Authority dated 25th June 2008 in Gratuity Case No.125 of 2007 to 149 of 2007 and order passed by Controlling Authority dated 6th July 2009 and order passed by Appellate Authority dated 29th July 2009 before this Court in present petition.

(3.) Learned advocate Mr. Upadhyay raised contentions before this Court that on 26th august 2008, the settlement was arrived at between present petitioner and representative of present respondents by way of full and final settlement and representative of present respondents collected the amount from the present petitioner. The present petitioner preferred Review Application before Controlling Authority and Controlling Authority without registering the Review Application on record rejected the same on 6th July 2009. Against which, appeal which was preferred by petitioner has been also rejected because appeal was not preferred in time. Thereafter, Recovery Certificate has been issued by Controlling Authority and Recovery Officer has issued notice under Section 154 of Bombay Land Revenue Code on 3rd August 2009. Therefore, he submitted that respondents employees have filed application before Controlling Authority under the provisions of Payment of Gratuity Act on 5th October 2007 giving details about working period of service and salary and date of termination. The Controlling Authority has decided all applications on 25th June 2008 in Gratuity Case No.125 of 2007 to 149 of 2007, where, hearing was taken place between the parties before Controlling Authority between 19th November 2007 to 16th June 2008, where, on behalf of Union, one Mr. R.G. Jogi and Assistant Secretary Jayantibhai Patel was remained present, but, on behalf of petitioner, no one remained present and no reply was filed by petitioner, therefore, Controlling Authority has directed to present petitioner to pay amount of gratuity claimed by workmen by order dated 25th June 2008. The Controlling Authority has noted that though notice has been served to petitioner and workmen has sent Form - 'I' to petitioner establishment, but, no reply is filed by petitioner and application was also not submitted before Controlling Authority for requesting time and no objection raised against gratuity application filed by workmen, therefore, ex-parte order has been passed against present petitioner.