NADIAD NAGARPALIKA Vs. ARVINDBHAI I GOSWAMI

JUDGEMENT

(1.) WE have heard Mr. Mehul Sharad Shah, learned counsel appearing for the appellants and Mr. D.G.Chauhan, learned counsel appearing for the respondents. These intra-court Letters Patent Appeals have been filed challenging the order of learned Single Judge dated 18th August, 2010 passed in Special Civil Application No. 21865 of 2007 connected with other five Special Civil Applications.

(2.) BRIEF facts are that respondents had claimed the amount of gratuity on the basis of the Award passed by the Industrial Tribunal in Reference (IT) No.174 of 1974. The employees of the appellants raised general demands which were referred in the aforesaid Reference. A settlement was arrived at between the parties on 17th February, 1974 and in pursuance of the settlement arrived at between the parties, an Award was pronounced by the Industrial Tribunal on 18th February, 1975. It appears that by the Award, the employees of the appellant municipality were to be paid gratuity being one month's pay for each completed years of service subject to maximum 25 months salary. Thereafter, the employees of the appellant Municipality again raised demands which were referred to the Industrial Tribunal being Reference (IT) no.200 of 1977. In this Reference also, settlement was arrived at between the parties on 9.3.1978. On that basis, the Industrial Tribunal passed the Award on13.3.1978. As per this Award, the appellant Municipality had agreed to adopt the pay scales as per Desai Pay Commission.

(3.) THE learned counsel appearing for the appellant has placed reliance on the decisions of this Court in Gujarat State Road Transport Corporation Ltd. vs. Karsan Meghji Dabhi, reported in 1997(2) GLR 1396 and in Master Silk Mills Private Ltd. vs. Ibrahim Habib, reported in 2000(2) GLH 388. We have gone through these decisions. THEse decisions do not deal with the scope of Section 19 of the Act. THErefore, they are not applicable to the facts of the instant case. THE learned counsel for the respondents has placed reliance on the decision of Apex Court in Gujarat Agricultural University vs. All Gujarat Kamdar Karmachari Union, AIR 2010 SC 2507, wherein in paragraphs 19 and 20, the Apex Court has held as under: