LAWS(GJH)-2001-4-17

HIMATBHAI PANCHABHAI MAKAWANA Vs. JIVIBEN KHIMABHAI

Decided On April 20, 2001
HIMATBHAI PANCHABHAI MAKAWANA Appellant
V/S
JIVIBEN KHIMABHAI Respondents

JUDGEMENT

(1.) . Leave to add controlling authority as party respondent.

(2.) . The petitioner Himatbhai Panchabhai Makwana, Proprietor Param Shakti Ceramic Industries, Ambawadi, Ahmedabad - petitioner has filed this petition against the judgement and order dated 26.3.1998 passed by the appellate authority, Payment of Gratuity, in appeal No. 39 of 1997. The appellate authority by its impugned judgement and order was pleased to condone the delay in filing application filed by the employee in the interest of employee and after condoning the delay also decided the matter on merits that the employee-respondent is entitled to payment of gratuity as per the Payment of Gratuity Act (hereinafter referred to as `the Act') and Payment of Gratuity Rules (hereinafter referred to as `the Rules'). It may be noted that the petitioner has also filed review application on 6.5.1998 which has also been rejected by the authority on 15.7.1998

(3.) . The facts giving rise to this petition are as under: