MORBI MUNICIPALITY Vs. KANTIBHAI CHAKUBHAI

JUDGEMENT

(1.) RULE. Learned advocates appear and waive service of notice of Rule on behalf of the respective respondents.

(2.) Since the issues involved in this group of petitions are identical, the same are heard together and decided analogously by a common order.

(3.) Learned advocate Mr.Sanchela appearing for the petitioner Municipality has submitted that the Controlling Authority has fell in error by awarding the amount of gratuity for the entire service of the workmen i.e. from the date of initial appointments as daily wagers, till their retirement dates. He has further submitted that the services rendered by the workmen as daily wagers and till, they were made permanent or regularized, the same can only be calculated and paid under the Payment of Gratuity Act , whereas the services after regularisation till retirement, are to be considered as per the Gujarat Civil Services Rules, 2002 for paying the gratuity. He has submitted that accordingly the Municipality, had paid to all the respondent-workmen as per the Pension Rules, however the Controlling Authority has also calculated the initial period rendered by the respondent-workmen as daily wagers. He has placed reliance on the judgment of Division Bench in the case of State of Gujarat Vs. Kiritsinh Dhirubha Jadeja rendered in Letters Patent Appeal No.156 of 2017 and allied matters dated 28.12.2017. It is submitted that this petition may be allowed in terms of the aforesaid judgement.