LACHHUBEN MERAJBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition preferred under the Payment of Gratuity Act , 1972. The petitioner no.1 is a retired employee and petitioner no.2 is a registered Trade Union registered under the Trade Union Act , 1926. A detailed chart with the names and service particulars of the employees on whose behalf the petition is filed is at Annexure-A.

(2.) The respondent no.1 is the State under Article 12 of the Constitution of India and no.2 - Assistant Director of the Animal Husbandry is an officer of the State. It is averred by the petitioner that no.2 has not yet respected the order of the Court and no.3 - District Collector, Banaskantha has not recovered the amount from the employer. The petitioner has lamented the non- recovery and helplessness of the citizens.

(3.) It is the say of the petitioner that the Controlling Authority had issued the recovery certificate with 10% interest. The Controlling Authority had issued recovery certificate in favour of the employees, since, the respondents had not complied with the order. The recovery certificate is to be executed by the respondent no.3. Till date, the same has not been recovered by the respondent no.3, and therefore, the petitioner is before this Court seeking following prayers: