Research › Search › Judgment

Gujarat High Court · body

2018 DIGILAW 381 (GUJ)

JHAVERILAL RAMJIBHAI GALA v. GUJARAT STATE ELECTRICITY CORPORATION LIMITED

2018-02-02

BIREN VAISHNAV, M.R.SHAH

body2018
JUDGMENT : M.R. SHAH, J. 1. Admit. Shri Dipak Dave, learned advocate waives service of notice of admission on behalf of the respondent no. 1 – Gujarat State Electricity Corporation Limited who can be said to be the main contesting party. 2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties appeal is taken up for final hearing today. 3. Feeling aggrieved and dissatisfied with the impugned judgement and order passed by the learned Single Judge dated 21.09.2016 in Special Civil Application No. 8868 of 2014 by which the learned Single Judge has allowed the said Special Civil Application preferred by the respondent no. 1 herein – employer and has quashed and set aside the orders passed by the Controlling Authority and the Appellate Authority directing the respondent no. 1 – employer herein to pay the gratuity to the appellant herein and has remanded the matter to the Controlling Authority with certain directions, the concerned employee has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent. 4. After elaborate submissions were made by the learned advocates appearing on behalf of the respective parties, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that the impugned judgement and order passed by the learned Single Judge be quashed and set aside and the order passed by the Controlling Authority, confirmed by the Appellate Authority, is modified to the extent awarding the amount of gratuity, however, without any statutory interest for the period between 30.06.2004 till 03.09.2010. Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order. 5. Shri Prabhakar Upadhyay, learned advocate appearing on behalf of the appellant has stated at the bar that the appellant is agreeable to accept the amount of gratuity without statutory interest for the period between 30.06.2004 to 03.09.2010. 4. Shri Dipak Dave, learned advocate appearing on behalf of the respondent no. 1 has stated at the bar, under the instructions of the concerned officer of the respondent no. 1 – employer, that in the facts and circumstances of the case even the respondent no. 4. Shri Dipak Dave, learned advocate appearing on behalf of the respondent no. 1 has stated at the bar, under the instructions of the concerned officer of the respondent no. 1 – employer, that in the facts and circumstances of the case even the respondent no. 1 is agreeable to pay the amount of gratuity due and payable under the Act as determined by the Controlling Authority, however, without statutory interest for the period between 30.06.2004 to 03.09.2010. Learned advocates appearing on behalf of the respective parties do not invite any reasons/reasoned order for the aforesaid. 5. In view of the aforesaid broad consensus between the learned advocates appearing on behalf of the respective parties recorded hereinabove, the impugned judgement and order passed by the learned Single Judge is hereby quashed and set aside. With the consent of the learned advocates appearing on behalf of the respective parties, the order passed by the Controlling Authority confirmed by the Appellate Authority is modified directing the respondent no. 1 herein – employer to pay the amount of gratuity determined by the Controlling Authority. However, the appellant shall not be entitled to statutory interest for the period from 30.06.2004 till 03.09.2010. However, the appellant – employee shall be entitled to statutory interest from 03.09.2010 till actual amount of gratuity is deposited. 6. Present appeal is partly allowed to the aforesaid extent. Now the Controlling Authority to disburse the amount of gratuity with statutory interest from 03.09.2010 till the actual deposit of the amount of gratuity to the appellant herein by Account Payee Cheque on production of certified copy of the present order. The balance amount should be returned to the employer by Account Payee Cheque on production of certified copy of the present order. In view of disposal of the Letters Patent Appeal, Civil Application No. 8965 of 2017 stands disposed of. Direct service is permitted.