SAURASHTRA CHEMICALS Vs. ANIL DAYALAL DEVANI

JUDGEMENT

(1.) Rule returnable forthwith. Learned advocate Mr. Pandya waives service of rule on behalf of the respondent No.1 and learned AGP Mr. Bhati waives service of rule on behalf of the respondent No.2.

(2.) This petition is filed under Article 227 of the Constitution of India challenging the order passed by the learned Appellate Authority under the Payment of Gratuity Act, 1972 dtd. 27/1/2025 in Gratuity Appeal No.123 of 2024 by which the order passed by the learned Controlling Authority in Gratuity Case No.8 of 2024 was affirmed and the petitioners were directed to pay the sum of Rs.9,44,717.00 within a period of 30 days along with simple interest at the rate of 10% per annum on aforesaid amount.

(3.) The case of the present petitioner is that the petitioner No.1 is a division of petitioner No.2 and respondent No.1 is a Doctor by profession, at whose behest the proceeding under Sec. 7 of the Payment of Gratuity Act,1972 was initiated. It is claimed by the respondent No.1 that he was engaged by erstwhile Saurashtra Chemicals ie. petitioner No.1 to provide the honorary service for the well-being of the workers and respective families and was paid honorarium to the tune of Rs.1,200.00 per month. It is the case of the present petitioner that respondent No.1 discharging duty only for one and half hours i.e from 8:00 AM to 9:30 AM from the date of his appointment i.e. 23/5/1985. For rest of day, the respondent was running his own dispensary situated in Porbandar on 8/1/2020. On reaching the age of 60 years, as per the practice of petitioner No.2, respondent No.1 was relieved from honorary service with effect from 31/1/2020.