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2015 Supreme(Guj) 683

V.M.PANCHOLI
State of Gujarat – Appellant
Versus
Appellate Authority Under Payment of Gratuity Act – Respondent


Advocates Appeared:
For Appellant: Bharat Vyas, A.G.P.

JUDGMENT

V.M. Pancholi, J.

1. The State has preferred this petition under Article 227 of the Constitution of India wherein the petitioner has challenged the order dated 24.1.2014 passed by respondent No. 2- Controlling Authority under the Payment of Gratuity Act as well as the order dated 12.6.2014 passed by respondent No. 1-Appellate Authority (Payment of Gratuity Act). Heard learned AGP Mr. Bharat Vyas for the petitioners. Learned AGP submitted that respondent No. 3-workman was appointed as daily wager from 2.8.1986. He was remaining absent and, therefore, his services were terminated. Respondent No. 3, therefore, challenged the said action by raising dispute which was referred to the concerned Labour Court. The matter was settled between the petitioners and respondent No. 3-workman on 29.9.1999 and the said terms of settlement were produced before the Labour Court. The Labour Court, therefore, passed an order on 29.9.1999 wherein it was observed that the said reference is disposed off in view of the terms of settlement produced on record. Learned AGP thereafter submitted that the respondent No. 3 was reinstated in service and order to that effect came to be passed on 30.11.1999.

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