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SCA/10271/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10271 of 2011
=========================================================
PRAVINKUMAR
N. UPADHYAY - Petitioner(s)
Versus
MADHYA
GUJARAT VIJ COMPANY LTDTHROUGH MANAGING DIRECTOR & 2 -
Respondent(s)
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Appearance
:
MR
AS ASTHAVADI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/08/2011
ORAL
ORDER
Heard
learned advocate Mr. AS Asthavadi on behalf of petitioner.
In
present petition, claim of petitioner is that he is entitled amount
of gratuity upto Rs. 10,00,000/- on the basis of Government
Resolution. The answer is given by respondent Company which is at
page 11 to 12 on 3/3/2011, wherein it is specifically made clear to
petitioner that amendment has been made in Gratuity Act on
24/5/2010. Accordingly, amount of gratuity has been paid to
concerned employees. Considering date of retirement of petitioner
31/3/2009 amendment made in Gratuity Act is not applicable to
petitioner.
However,
learned advocate Mr. Asthawadi raised contention that initially when
petitioner was working, amount of gratuity has been paid on the
basis of Government Resolution. If that be so, let petitioner may
make detailed representation claiming amount of gratuity on the
basis of Government Resolution and point out such resolution to
respondent company within a period of one month from date of
receiving copy of present order.
As
and when respondent company receive such representation from
petitioner, it is directed to respondent Company to consider it and
examine it and find out whether Government Resolution has been made
applicable to Gujarat Electricity Board or Company when petitioner
was working with respondent company. Then to pass appropriate
reasoned order in accordance with law within a period of three month
from date of receiving copy of such representation from petitioner
and communicate decision to petitioner immediately.
In
view of above observation and direction, present petition is
disposed of by this Court without expressing any opinion on merits.
However, in case if ultimate decision is adverse to petitioner, it
is open for petitioner to challenge same before appropriate forum in
accordance with law. Direct service is permitted.
(H.K.RATHOD,
J)
asma
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