KASAMKHA FATEHKHA PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard learned counsel Mr. P.J. Kanabar for the appellant, learned Assistant Government Pleader Mr. N.J. Shah for respondent No.1 and learned counsel Mr. Y.N. Ravani for respondent No.2.

(2.) LEARNED counsel for the appellant has urged that learned Single Judge has dismissed the claim of the appellant for payment of gratuity along with interest on the ground that the appellant has alternative remedy under Section 33(C)(2) of the Industrial Disputes Act, 1947.

(3.) IN the result, this Appeal succeeds and is allowed. The respondents are directed to release the balance payment of gratuity to the appellant along with interest in terms of the order passed by the Controlling Authority and confirmed by the Appellate Authority, within a period of TWO MONTHS from today. Direct service is permitted.