Paresh Upadhyay, J.

Challenge in this petition is made by an employee to the order passed by the Controlling Authority under the Payment of Gratuity Act, 1972 at Anand in Gratuity Case No.36 of 2014 dated 26.06.2015. By the impugned order, the Controlling Authority has held that, the employee is not entitled to gratuity for the period from 16.07.1985 to 14.07.1997 - the period which is excluded by the employer from the total period of service from 16.07.1985 to 31.05.2014. The Appellate Authority at Vadodara has rejected the Appeal No.40 of 2015 vide order dated 13.10.2015.

2. The relevant facts as emerging from record are as under.

2.1. The petitioner employee had initially joined the service on 16.07.1985. He was taken as a daily wager labouror.

2.2. Subsequently, with effect from 15.07.1997, he was taken up in the regular pay-scale of Rs. 2500-3200 (then prevailing).

2.3. His date of birth is 20.05.1954 and he retired on attaining the age of superannuation on 31.05.2014.

2.4. He is paid his pension and gratuity under the Gujarat Civil Services (Pension) Rules, 2002. The said payment is made considering his service from 15.07.1997 to 31.05.2014.

2.5. He is not paid anything to