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2021 Supreme(Guj) 738

A.S.SUPEHIA
STATE OF GUJARAT – Appellant
Versus
TAKHUBHA PRATAPSINH JADEJA – Respondent


Advocates Appeared:
For the Appellant : Mr Dharmesh Devnani, Mr Sahil Trivedi, Mr Rohan Shah, Ms Dhwani Tripathi,
For the Respondent: NABIL O BLOCH

ORDER :

1. In the captioned group of petitions, the petitioner-State has challenged the order passed by the Controlling Authority confirmed by the Appellate Authority granting gratuity to the respondent-workmen by counting their entire service from the dates of appointment till the retirement. It is the case of the petitioner-State that the respondent-workmen are not entitled to gratuity for the service which they have rendered prior to their having been made permanent.

2. The writ petition being Special Civil Application No.14860 of 2020 is considered to be the lead matter and accordingly the facts of the said matter are incorporated.

    2.1 The respondent-workman was working since 01.10.1980 as a daily wager and he superannuated on 30.09.2008 on attaining age of superannuation.

3. Learned Assistant Government Pleader has contended that as per Government Resolution dated 24.03.2006, the workmen are entitled to the gratuity for a period after they have become permanent or their services are regularized. It is submitted that the said gratuity amount was paid to the workmen as per the Government Resolution dated 17.10.1988 and the Government Resolution dated 24.03.2006. However, the Contr

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