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2001 Supreme(Guj) 303

B.C.PATEL, J.N.BHATT, M.R.CALLA
SHANTIBEN L. CHRISTIAN – Appellant
Versus
ADMINISTRATIVE OFFICER,ahmedabad MUNICIPAL SCHOOL BOARD – Respondent


Advocates Appeared: D.G.Shukla, DEVANG NANAVATI, P.C.MASTER

B. C. PATEL, J.

( 1 ) ). LEARNED single Judge of this Court has referred this matter to a Larger Bench. Hence, this matter is placed before this Bench in view of the Order passed by the Honble the Chief Justice.

( 2 ) ). The petitioner approached this Court by filing the aforesaid petition inter alia contending that the petitioner was serving as a Primary Teacher under the respondent-Board (Ahmedabad Municipal School Board ). The petitioner joined on 8-7-1947 as a primary teacher and retired on 30th November, 1982. It is contended that the petitioner was entitled to gratuity under the provisions of payment of Gratuity Act, 1972 (hereinafter referred to as the Act) on her retirement. She was paid a sum of Rs. 9,618-25 as per the rules in force at the relevant time. However, the petitioner has claimed that the petitioner was entitled to a larger sum of Rs. 19,573-80 under the provisions of the Act and not Rs. 9618-25. Since the amount was not paid in full according to the petitioner, an application was made under the Act before the Controlling Authority, ahmedabad being application No. 243 of 1983 which was rejected by the controlling Authority on 2-9-1983 against which an appeal, bei































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