NEW JAHANGIR VAKIL MILLS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the Special Civil Application.

(2.) The petitioner filed this Special Civil Application before this Court and challenge has been made to the order of District Judge, Bhavnagar, passed in Misc. Civil Application No. 6 of 1990, and the notice of respondent No. 2, Annexure 'B' for attachment of property of the petitioner. Amendment has been made in Special Civil Application and further prayer has been made for direction to the respondents to forbear and desist from recovering the amount of gratuity payable to the respondent No. 4.

(3.) The facts of the case in brief are that respondent No. 4 herein, the workman of the petitioner-Company has retired on reaching the age of superannuation in the month of October 1985. He was not paid gratuity payable to him under the provisions of Gratuity Act, 1972, and as such, he approached the Controlling authority under the aforesaid Act by filing application No. 179 of 1988 in which the petitioner was one of the party. This application of respondent No. 4 was allowed by the said authority and the petitioner was directed to pay Rs. 28,578/- as amount of gratuity to respondent No. 4. The petitioner has not paid that amount to respondent No. 4 and as such, he initiated proceedings for recovery of the said amount. The petitioner, instead of making the payment of amount of gratuity to respondent No. 4, has filed a Civil Suit No. 609 of 1989 in the Court of third Joint Civil Judge, Senior Division, Bhavnagar and prayer has also been made for grant of temporary injunction under Order 39, Rules 1 & 2 of Civil Procedure Code. The Trial Court, after considering the matter on merits of the matters, under its order dated 20th December 1989, declined to grant any temporary injunction in favour of petitioner and the application below Ex. 5 was dismissed. The petitioner filed Misc. Civil Application No. 6 of 1990 against the said order in the said Court of Joint District Judge at Bhavnagar and the said appeal was also dismissed by the Appellate Court under its order dated 16th January, 1990. The petitioner also challenged before the Civil Court, the notice issued by the competent authority for recovering the amount by way of attachment -of property of the petitioner. On 6th March, 1990, this Special Civil Application has come up for admission before this Court and this Court has ordered as under :