IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 1252 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 13975 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 1252 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA ==========================================================

Approved for Reporting Yes No ==========================================================

RAGHUVANSHI MOTORS PRIVATE LIMITED Versus PANKAJ ISHWARBHAI PATEL & ORS.

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Appearance:

MR DIPAN DESAI(2481) for the Appellant(s) No. 1 MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 2,3 SINGHI & CO(2725) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 01/12/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr. Dipan Desai for the appellant, learned advocate Mr. I.G.Joshi for Singhi & Co for respondent No.1 and learned Assistant Government Pleader Ms. Shruti Dhruve for respondent Nos. 2 and 3.

2. This appeal is filed under Clause 15 of the Letters Patent being aggrieved by the Judgment and Order dated 30.09.2025 passed in Special Civil Application No.

13975/2022.

3. Brief facts of the case can be summarized as under:

3.1 The appellant-original petitioner, being aggrieved by the order dated 26.04.2022 passed by the Appellate Authority in Gratuity Appeal No. 51/2021 confirming the order dated 08.06.2021 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (for short ‘the Act’) preferred Special Civil Application under Articles 226 and 227 of the Constitution of India.

3.2 The appellant-Company appointed respondent No.1 on 01.01.2004. It was the case of the appellant that the respondent No.1 did not resume the duty after 18.01.2018 voluntarily, without taking any leave or permission nor communicated any letter of resignation or any communication in that regard.

3.3 It is also the case of the appellant that respondent No.1 had taken loan of an amount of Rs. 2 Lakh out of which, amount of Rs. 99,323/- is still outstanding and not paid to the appellant-Company.

3.4 Respondent No.1 filed an application before the Controlling Authority on 09.03.2020 i.e. almost after two years from the date of relinquishment of the service, on the ground that respondent No.1 had orally resigned from the appellant-Company and he is entitled to gratuity under section 4(1)(b) of the Payment of Gratuity Act,1972 [for short ‘the Act’]. In response to the notice issued by the Controlling Authority, the appellant filed reply pointing out that respondent No.1 has not placed on record any proof of submission of Form-

I as required under Rule 7 of the Payment of Gratuity (Central) Rules, 1972 [for short ‘the Rules] and there is no explanation to show the sufficient cause for delay in filing such Form-I, if any, after more than 30 days as per Rules 7(1) to 7(3) of the Rules.

3.5 The Controlling Authority, by order dated 08.06.2021, allowed the application of respondent No.1 and directed the appellant-Company to pay amount of gratuity of Rs. 75,115/- with interest @ 10% per annum to respondent No.1.

3.6 Being aggrieved, the appellant- petitioner preferred an appeal before respondent No.3-the Appellate Authority being Appeal No. 51/2021.

3.7 The Appellate Authority, by order dated 26.04.2022, rejected the appeal confirming the order passed by the Controlling Authority.

3.8 Being aggrieved, the appellant preferred Special Civil Application.

4. The learned Single Judge, after considering the submissions made by both the sides, dismissed the petition by observing as under:

“6. Having considered the submissions advanced by the learned advocates for the respective parties, it emerges that the respondent had submitted Form ‘N’ on 09.03.2020 stating that after comple