CHANDAGAURI GORDHANDAS Vs. NALINIBEN HARISHCHANDRA RANDERIA & 5

JUDGEMENT

(1.) Heard Ms. Yogini Parikh, learned advocate for the petitioners in Special Civil Application Nos.10525 of 2013 to 10548 of 2013, 9707 of 2014 to 9714 of 2014, 6668 of 2014 to 6718 of 2014, 11269 of 2014, 6720 of 2014 to 6722 of 2014 and Mr. Prabhakar Upadhyay learned advocate for the respondent in Special Civil Application Nos.10525 of 2013 to 10548 of 2013, 6718 of 2014, 6722 of 2014. Learned advocate for the respondent in Special Civil Application No. 11269 of 2014 is not present. So far as Special Civil Application Nos. 9709 of 2014 to 9714 of 2014, 6668 of 2014, 11269 of 2014 are concerned though served the respondents have not entered appearance.

(2.) In this group of almost similar petitions, the petitioners have challenged almost similar orders passed by the controlling authority(ies) under the provisions of Payment of Gratuity Act, 1972 (hereinafter referred to as the "Act") whereby the controlling authority(ies) rejected the contentions raised by present petitioners and held that the original claimants are eligible for gratuity for the period pre April 1997 and post April 1997 and noncompletion of atleast 5 years' service after 3rd April 1997 does not dis-entitle them from claiming and receiving gratuity on the ground that tenure of their service, during the period after April 1997, is less than 5 years. The controlling authority(ies) have directed the petitioner institutes to pay the amounts as mentioned in respective orders towards gratuity to the claimants.

(3.) At the outset it is necessary and appropriate to mention that similar issue was raised before the Hon'ble Court (Coram: Honourable Mr. Justice S.R. Brahmbhatt) in Special Civil Application No.14821 of 2014 to Special Civil Application No. 14824 of 2014 and by the judgment dated 17.10.2015 the Court has decided the said issues. This Court is informed that Appeals against the said decision in Special Civil Application No.14821 of 2014 to Special Civil Application No. 14824 of 2014 are pending before Division Bench. In that view of the matter it is clarified that this decision shall be subject to the final outcome in Letters Patent Appeal Nos.1413 of 2015 to Letters Patent Appeal No. 1416 of 2015. Subject to the said clarification the Court has examined rival contentions by the petitioner and the respondents in present cases and these matters are accordingly decided by this common judgment and order.