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2016 DIGILAW 322 (GUJ)

Gharshala Buniyadi Shikshan Vibhag (Home School) v. Madhuben Mansukhlal Gohel & 1

2016-02-10

ANANT S.DAVE, JAYANT PATEL

body2016
ORDER JAYANT PATEL, A.C.J:— These applications are for interim injunction pending Letters Patent Appeal against the order passed by the learned Single Judge which is impugned in the Letters Patent Appeal and it has been brought to our notice by learned counsel for the applicant that in similar matter being Civil Application (For Stay) No. 10954 of 2012 this Court vide order dated 26.2.2013 has passed the following order: “1. We have heard Mr. S.M Shah for the applicant original appellant and Mr. Hriday Buch for the respondent teachers. 2. Considering the facts and circumstances, as the full amount has already been deposited with the competent authority under the Payment of Gratuities Act, the same shall be transferred to Registrar of this Court. Out of the amount already deposited, without prejudice to the rights and contentions of the respondent teachers in the appeals, the respondent teachers shall be at the liberty to withdraw the amount of the gratuity from 03.04.1997 till the date of retirement. However, so far as the amount of gratuity prior to the period of 03.04.1997 is concerned, the same shall be invested by the Registrar of this Court with the nationalised bank initially for a period of one year and such investment shall be renewed from time to time until the appeals are finally disposed of. The order of the learned Single Judge shall also remain stayed. 3. The present applications shall stand disposed of in terms of the aforesaid order. 4. D.S to respondent teachers.” 2. The fact situation are same and Mr. Rajesh Mandad, learned counsel for main contesting respondent is unable to dispute the said position. 3. Under the circumstances, as the amount has already been deposited and transferred to the registry of this Court, the amount shall be invested by the Registrar of this Court with the Nationalised Bank initially for a period of one year and such investment shall be renewed from time to time until the appeals are finally disposed of. The order of learned Single Judge shall remain stayed. 4. We may record that we have not permitted withdrawal since learned counsel appearing for the appellant/applicant and Mr. Rajesh Mankad for the contesting respondent states that the amount of gratuity from 3.4.1997 till the date of retirement is already withdrawn. The earlier order shall stand modified to the aforesaid extent. All applications shall stand disposed of. 5. 4. We may record that we have not permitted withdrawal since learned counsel appearing for the appellant/applicant and Mr. Rajesh Mankad for the contesting respondent states that the amount of gratuity from 3.4.1997 till the date of retirement is already withdrawn. The earlier order shall stand modified to the aforesaid extent. All applications shall stand disposed of. 5. All main appeals shall be placed for final hearing with Letters Patent Appeal No. 1202 of 2012 and allied matters on 9.3.2016