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2008 Supreme(Guj) 158

R.M.DOSHIT
BILIMORA NAGARPALIKA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared
MS JIRGA D JHAVERI for Appellant(s) : 1,
MRS ML SHAH, ASST. GOVERNMENT PLEADER for Respondent(s): 1,
MR AK CLERK for Respondent(s): 2,

JUDGMENT

(Per : HONOURABLE MS. JUSTICE R.M.DOSHIT)

Heard the learned advocates.

This group of Appeals preferred by the Bilimora Nagarpalika [hereinafter referred to as âSthe Municipalityâý] under Clause 15 of the Letters Patent arises from the common judgment and order dated 27th February, 2008 passed by the learned Single Judge in above Special Civil Applications. The respondent in each Appeal is the former employee of the Municipality. On retirement of the said employees on reaching the age of superannuation, the Municipality had paid the amount of gratuity computed in accordance with the prevalent rules of the Municipality.

Feeling aggrieved, the said employees approached the controlling authority under the Payment of Gratuity Act, 1972 [hereinafter referred to as âSthe Act of 1972âý] and demanded the difference in gratuity computed in accordance with the Act of 1972. The said applications were contested by the Municipality. The controlling authority upheld the claim of the employees and directed the Municipality to pay to each employee the difference in the amount of gratuity as claimed by the employees.

Feeling aggrieved by the said orders, the Municipality preferred above writ p







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