LAWS(GJH)-2018-8-327

STATE OF GUJARAT Vs. ARVINDBHAI KHODIDASHAI KACHHIYA

Decided On August 21, 2018
STATE OF GUJARAT Appellant
V/S
Arvindbhai Khodidashai Kachhiya Respondents

JUDGEMENT

(1.) The present letters patent appeals are directed against the order dated 15.9.2017 passed by the learned Single Judge in Special Civil Applications No.16814 of 2017 to No.16820 of 2017 and Special Civil Application No.14251 of 2016, whereby the writ petitions have been partly allowed by directing the appellants herein (original respondents) to pay the gratuity amount as directed by the Controlling Authority vide orders dated 29.12.2014.

(2.) Mr. Utkarsh Sharma, learned Assistant Government Pleader appearing on behalf of the appellants has submitted that the order passed by the learned Single Judge is against the provisions of the rules and regulations governing the gratuity. It was submitted that the cases of the present respondents would be governed by the provisions of the Payment of Gratuity Act and accordingly, they were rightly paid the gratuity amount at the relevant time. It was submitted that the learned Single Judge has erred in holding that the orders passed by the Controlling Authority for payment of gratuity to the respondents herein is required to be sustained. No further contentions are raised.

(3.) This court has perused the order dated 15.9.2017 passed by the learned Single Judge in the captioned writ petitions. This court has also perused the orders passed by the Controlling Authority dated 29.12.2014 whereby the Controlling Authority after detailed examination, has directed the present appellants to pay the difference of amount of gratuity to the concerned respondents-employees.