STATE OF GUJARAT Vs. KIRITSINH DHIRUBHA JADEJA

JUDGEMENT

(1.) Challenge in this petition is made by the Employer ­ State to the order passed by the Controlling Authority under the Payment of Gratuity Act, 1972 at Jamnagar in Gratuity Case No.89 of 2013 dated 30.12.2013. By the impugned order, the Controlling Authority has held that, the employee is entitled to gratuity, also for the period from 01.10.1984 to 31.03.1995 - the period which was excluded by the employer from the total period of service from 01.10.1984 to 30.11.2012. The appeal against the said order is not entertained by the Appellate Authority at Rajkot and the same is dismissed vide order dated 02.12.2014 in Appeal No.83 of 2014.

(2.) The relevant facts as emerging from record are as under.

(3.) It is noted that, this petition was heard along with number of other matters involving identical, similar or nearer issue. Reference is made to: - (i) the order dated 22.04.2016 in Special Civil Application No.213 of 2016, (ii) order dated 10.03.2016 in Special Civil Application No.20755 of 2015, (iii) order dated 12.01.2016 in Special Civil Application No.20146 of 2015 and (iv) order dated 27.01.2016 in Special Civil Application No.1219 of 2016. For the reasons recorded in the said orders, the authorities of the Government of Gujarat in various departments including: - (i) the Finance Department, (ii) the Labour and Employment Department, (iii) the Urban Housing and Urban Development Department, (iv) the Energy and Petrochemicals Department, (v) the Panchayat Rural Housing and Rural Development Department, (vi) the Women and Child Development Department and (vii) the Commissioner of Labour were joined as party respondents. Learned Government Pleader herself has appeared on behalf of the said authorities and has assisted the Court, along with other learned advocates for the respective employer.