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2016 Supreme(Guj) 1580

K.M.THAKER
Saladi Doodh Utpadhak Sahakari Mandli Ltd – Appellant
Versus
Niruben Ramabhai Prajapati – Respondent


Advocates Appeared:
For the Appellant :Varun K. Patel, Advocate
For the Respondent:P.H. Pathak, Advocate

JUDGMENT :

K.M. Thaker, J.

1. Heard Mr. Patel, learned advocate for the petitioner, and Ms. Kamani, learned advocate for Mr. Pathak, learned advocate for the respondent - employee.

2. In this petition, the petitioner has prayed, inter alia, that:-

"5(a) Your Lordships be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction in the like nature quashing and setting aside judgment and order dated 29-12-2010 passed by the Respondent No. 3 - the Appellate Authority under the Payment of Gratuity Act, 1972 in Appeal No. 25/2010 (Annexure-A) and the judgment and order dated 28-5-2009 passed by the Respondent No. 2 - Controlling Authority under the Payment of Gratuity Act, 1972 in Application No. JTC/26/2008 (Annexure-B);

2.1 The petitioner is a cooperative society and it has brought under challenge two orders passed by the authorities appointed under the Payment of Gratuity Act, 1972 i.e. the order passed by the controlling authority and the order passed by the appellate authority whereby the appellate authority rejected the appeal and confirmed the order of the controlling authority.

3. From the facts of the case and from submissions by learned counsel for

























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