JUNAGADH DISTRICT PANCHAYAT Vs. SURENDRASINH DAYABHAI RATHOD

JUDGEMENT

(1.) RULE returnable today. Mr.Kakkad waives service of rule. With the consent of the learned advocates, the petition is heard and disposed of today.

(2.) The petitioner-Junagadh District Panchayat (hereinafter referred to as, ?the District Panchayat?) challenges the judgment and order dated 26th June, 2006 passed by the controlling authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as, ?the Act of 1972?) in Gratuity Application No.56/2005. By impugned order, the District Panchayat has been directed to pay the respondent-employee a gratuity in the sum of Rs.1,75,230=00 and simple interest @ 10% per annum.

(3.) Mr.Munshaw has appeared for the District Panchayat. He has assailed the impugned judgment and order. He has submitted that the respondent was the employee of the District Panchayat. Thus, a member of the Panchayat service under the State Government. He being a civil servant, is governed by the rules framed by the State Government in respect of pension and gratuity. He has submitted that the controlling authority has failed to consider the objection raised by the District Panchayat. He has further submitted that while in service the respondent was found to be guilty of misconduct for which he was removed from service on 31st December, 1999. The said order of punishment is the subject matter of litigation before this Court in Special Civil Application No.23107/2006. He has submitted that in any view of the matter, the controlling authority had no jurisdiction to entertain and decide the application made by the respondent. The controlling authority has thus acted without jurisdiction.