GUJARAT MARITIME BOARD Vs. HUSSAIN ABHABHAI KACHA

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is filed by the appellants - original respondents against the oral judgment dtd. 14/2/2022 rendered by the learned Single Judge in Special Civil Application No.2990 of 2019.

(2.) Heard Mr.Shalin Mehta, learned senior advocate assisted by Ms.Sejal Mandavia, learned advocate for the appellants and Ms.Harshal Pandya, learned advocate for the respondent - original petitioner.

(3.) Mr.Mehta, learned senior advocate has assailed the impugned judgment mainly on the ground that though the deceased employee retired on 30/6/2008, the petition was filed in the year 2019 and, therefore, there was gross delay in filing the petition by the daughter-in-law after the death of deceased employee. Learned senior advocate for the appellants has pointed out from the record that the service of the deceased employee was regularized vide order dtd. 4/9/2004 with effect from 1/9/2004 and in fact, before the date of retirement, the deceased had worked only for four years and, therefore, the benefits of pension could not have been granted to him. However, at this stage, Mr.Mehta, learned senior advocate has pointed out that the appellants have already complied with the direction issued by the learned Single Judge.