PORBANDAR NAGARPALIKA Vs. APPELLATE OFFICER

JUDGEMENT

(1.) Mrs. Sangeeta Pahwa, learned counsel for the petitioner; Ms. Manisha Lavkumar, learned AGP for the respondents no. 1 and 2; none for the respondent no.3 though served.

(2.) The petitioner, being aggrieved by the order passed by the appellate authority under the provisions of the Payment of Gratuity Act, is before this Court with a submission that the order for payment of gratuity could not be made in favour of the workman even when he was in service.

(3.) It is not in dispute before me that the workman had come from the State services to the Municipality; he was removed from the services; ultimately, he succeeded in the Civil Suit, decree granted in favour of the workman directed reinstatement with full back wages with continuity of service and, all consequential benefits. It appears thereafter, the workman was repatriated and made an application for payment of gratuity. The only objection raised by the present petitioner was that gratuity was payable at the time of retirement and as the workman continued to work, such order could not be made.