PETLAD MUNICIPALITY Vs. JADAV RAMABHAI BHAIJIBHAI

JUDGEMENT

(1.) Heard learned advocate Mr. Deepak Sanchela for the petitioner Petlad Municipality.

(2.) The petitioner has in this petition, put under challenge order dated 4th July 2013 passed by the appellate authority under the Payment of Gratuity Act, 1972, in Appeal No.12 of 2013. The said appeal was directed against order dated 1st November, 2011 passed by the Controlling Authority which directed that the respondent was entitled to the gratuity of Rs.2, 50, 108/- with 10% interest thereon. It is further prayed in the petition to remand the case to the appellate authority with a direction to decide the case de novo.

(3.) The facts stated in nutshell were that the respondent employee had joined as Safai Kamdar from 11.04.1969 with the Municipality and he retired on reaching the age of superannuation on 31.05.2011. His last pay drawn was Rs.14, 107/-. It was the case of the employee before the controlling authority that he was entitled to get Rs.2, 82, 144/- towards gratuity. The controlling authority, on the basis of material available on record, found that the last pay received by the employee was Rs.13, 137/- pm. and the employee had put in 33 years of service. On that basis, the order for paying the gratuity, as aforesaid, was passed.