STATE OF GUJARAT Vs. KANDARP BHASKARRAI CHHAYA

JUDGEMENT

(1.) By way of present Appeal under Clause-15 of Letters Patent Act has challenged an order dtd. 17/9/2021 by which learned Single Judge, in captioned writ petition, has directed the present appellant-State Authority to execute their own certificate dtd. 19/1/2017 by which the respondent- employee was ordered to be paid an amount of gratuity to the tune of Rs.9,46,343.00.

(2.) We find that the order dtd. 28/4/2016, which was passed by the controlling Authority established under the payment of Gratuity Act , 1972 by which it was held that the employee would be entitled for Rs.9,46,343.00 towards gratuity with simple interest at the rate of 10%, which is a statutory one was never challenged by the appellant-State Authority before any Authority or before this Court. Subsequent to the said order, the certificate dtd. 19/1/2017 was issued by the Authority established under Gratuity Act , 1972 itself. The said certificate was issued to District Collector, Mehsana, who never implemented or executed the same, and therefore, the employee was constrained to file the captioned petition in which the above stated directions have been issued.

(3.) Mr. Tirthraj Pandya, learned Asst. Government Pleader, has requested to delete the observations made in last five lines of Paragraph-13 of the impugned order as well as imposition of cost of Rs.10,000.00 and would submit that the same may be modified.