UMIYASHANKAR H. JOSHI Vs. STATE OF GUJRAT

JUDGEMENT

(1.) The petitioner by this petition is seeking direction against the respondent to pay amount of gratuity together with the interest at the rate of 18% p.a. from the date of his retirement i.e. 1.7.1986 till the actual payment. The petitioner has also prayed to quash and set aside the order of appellate authority passed under the Payment of Gratuity Act (hereinafter referred to as 'the Act') and to restore the order dated 30.11.1993 at AnnexureD for direction to pay the amount of gratuity.

(2.) The short facts of the case are that the petitioner who was working with respondent No.4 and he retired as Assistant State Organising Commissioner of Scouts on 30.6.1986. The case of the petitioner is that he rendered service for about 24 years, 07 months and 15 days and he was entitled to amount of gratuity. Initially the petitioner invoked the jurisdiction of the controlling authority under the Act vide order dated 27.3.1985 at AnnexureA allowed the application and directed for disbursement of amount of gratuity of Rs.23,073.75 ps. The respondent No.4 preferred review application against the aforesaid decision being Review Application No.45 of 1989 and in the said review application vide order dated 31.1.1990 the said order was set aside. The matter was carried in appeal by the petitioner before the appellate authority under the Act being Appeal No.447 of 1990 and the appellate authority vide order dated 24.9.1991 found that certain aspects were required to be examined by the controlling authority which were not examined and therefore, the matter was remanded to the controlling authority. The matter once again came to be considered by the controlling authority being Remand Case No.15 of 1991 and the controlling authority after hearing both the sides found that the petitioner was entitled to the amount of gratuity of Rs.20,357.70 ps. and therefore, direction was issued vide order dated 30.11.2003 to pay the amount with the interest at the rate of 10% p.a. from 1.10.2007. It appears that the matter was once again carried in appeal by the respondent No.4 being Appeal No.6 of 1994 and in the said appeal the appellate authority vide order dated 31.7.1995 allowed the appeal and set aside the order passed by the controlling authority for payment of gratuity. It appears that the petitioner herein did prefer application for review which also came to be dismissed as was not maintainable vide order dated 1.12.1995. Thereafter, it appears that no action was taken by the petitioner herein from 1995 to 2006 for a period of about 11 years and the present petition came to be filed in the year 2006 with the above referred relief. Hence, present petition before this Court.

(3.) I have heard Mr.K.B.Pujara, learned counsel appearing for the petitioner and Mr.H.S.Soni, learned AGP for the respondent Nos.1, 2 and 3 State authority and Mr.P.D.Dave, learned counsel for the respondent No.4.