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2023 Supreme(Guj) 920

MAUNA M. BHATT
Morbi Municipality Through Chief Officer – Appellant
Versus
Hemiben Haribhai – Respondent


Advocates Appeared:
For the Petitioner: Mr. Deepak P. Sanchela.
For the Respondent: Mr. Krunal D. Pandya.

JUDGMENT :

1. This Petition under Article 226 of the Constitution on India, is filed challenging the order passed by the Appellate Authority, under the provisions of Payment of Gratuity Act, 1972 (for short ‘the Act’) in Appeal No. 108 of 2022, wherein the appeal filed by the Petitioner challenging the order of Controlling Authority in Gratuity Case No. 51 of 2019 has been rejected. The Petition also challenges the order of Controlling Authority, Morbi dated 25.09.2019, wherein the Petitioner has been directed to pay the difference of gratuity along with interest @ 10%, within 30 days, from the date of their retirement.

2. The facts in brief are as under: -

    (i) The Petitioner – Morbi Municipality is constituted under the provisions of Gujarat Municipality Act for carrying out the work, particularly of the maintenance and hygiene of the city. It engaged several workmen on daily wage basis. The Respondent herein was engaged as daily-wager in the year 1984 and her service was regularized on 01.07.1989. She, upon attaining the age of superannuation retired on 30.04.2015. It is case of the Petitioner that upon her retirement she was paid gratuity amount as per the records of Municipality f

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