STATE OF GUJARAT Vs. RAM KRUSHNA GOPAL SONI

JUDGEMENT

(1.) THE petitioner-State Government, being aggrieved by the order dated 6th April, 1999 passed by the Appellate Authority under the Payment of Gratuity Act, 1972, Vadodara, is before this Court with a submission that the Appellate Authority was absolutely unjustified in directing the State Government to make the payment of gratuity to the claimant/workman ? Ramkrushna Gopal Soni, though it has come on record that Ramkrushna Gopal Soni was an employee of Girls Remand Home run by a registered Trust.

(2.) SHRI I. M. Pandya, learned Assistant Government Pleader for the petitioner-State, submitted that a perusal of the order made by the Controlling Authority under the Payment of Gratuity Act, 1972 (Annexure-B to the petition) would show that the dispute was between the workman ? Ramkrushna Gopal Soni and the Secretary of the Remand Home and the State was not a party and the final order was made by the Controlling Authority against the Trust only. It is submitted that the State Government could not be joined as a party respondent at the instance of a person, who had lost before the Controlling Authority. His further submission is that joinder of the State Government/director, Social Security Department was patently illegal. According to him, if the dispute was between the workman and the employer and even if the employees' salaries were sanctioned or granted by the State Government, then too, there would be no relationship of master and servant/ employer and employee between the State and the respondent-workman. He submitted that the Appellate Authority erred in issuing such directions.

(3.) SHRI G. C. Ray, learned Counsel for respondent No. 1-workman, however, submitted that in fact, the claim was made against the registered Trust and he did not join the State Government as party. On being asked, he stated that as no relief was given against the State in the order passed by the Controlling Authority, the workman did not challenge the said order, nor made any claim for grant of any relief against the State Government.