JUDGMENT :

1. Rule returnable forthwith. Learned advocate Mr. Parth Patel and learned Assistant Government Pleader waive service of notice of rule for and on behalf of the respective respondents.

2. The Junagadh District Panchayat has filed this petition challenging the award of the Controlling Authority dated 10.09.2020 in Gratuity Application No.9 of 2019 and order of Appellate Authority dated 28.12.2021 in Gratuity Application No.101 of 2021. By the order dated 10.09.2020, the Controlling Authority has directed to pay gratuity of Rs.1,77,900/- with simple interest @ 10% after 30 days from the date of retirement. The order of the Controlling Authority, Junagadh has been confirmed by the Appellate Authority vide order dated 28.12.2021, in Gratuity Appeal No.101 of 2021.

3. Heard learned advocate Mr. H. S. Munshaw for the petitioner and learned advocate Mr. Parth Patel for the respondent workman.

4. Learned advocate for the petitioner submitted that the award of Controlling Authority, Junagadh dated 10.09.2020 is erroneous since it has erroneously counted the initial service rendered by the workman prior to his regularisation. The workman was offered work as a daily-wager w.e.f. 03.12.