Gujarat High Court
Executive Engineer, Water And ... vs Parmar Pravinbhai Merubhai on 9 December, 2022
Author: A.J.Desai
Bench: A.J.Desai
C/LPA/1511/2022 ORDER DATED: 09/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1511 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 10828 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1511 of 2022
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EXECUTIVE ENGINEER, WATER AND SANITATION MANAGEMENT
ORGANIZATION (WASMO)
Versus
PARMAR PRAVINBHAI MERUBHAI
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Appearance:
MS NIYATI CHAUHAN, ADVOCATE for MR RITURAJ M MEENA(3224) for the Appellant
MR MUKESH MISHRA, ADVOCATE for MR UT MISHRA(3605) for the Respondent
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/12/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. By way of present appeal under Clause 15 of the Letters Patent, present appellant - original petitioner has challenged the order dated 21.06.2022 passed by learned Single Judge in captioned writ petition, by which, learned Single Judge has refused to entertain the petition filed by present appellant challenging the order dated 16.10.2021 passed by the Controlling Authority, Ahmedabad under the provisions of the Payment of Gratuity Act, 1972 in Gratuity Case No.08 of 2021, by which, the Controlling Authority has directed present appellant to pay an amount of Rs.1,57,560/- towards gratuity with 10% simple interest.
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2. Mr. Mukesh Mishra, learned advocate appearing for the respondent, has brought to the notice of this Court an oral order dated 01.12.2022 passed by this Court in Letters Patent Appeal No.1497 of 2022 in Special Civil Application No.6649 of 2022 and would submit that the case is squarely covered by the said order.
3. Ms. Niyati Chauhan, learned advocate appearing for the appellant, has nothing to add.
4. We have gone through the order dated 16.9.2019 passed by the Division Bench of this Court in Letters Patent Appeal No.1619 of 2019. Considering the fact that the facts of present case are identical to the facts of the above referred case, we do not find any reason to interfere with the order passed by learned Single Judge. Hence, present appeal fails and accordingly, is dismissed.
5. In view of the order passed in appeal, civil application does not survive and accordingly, the same is disposed of as not survived.
(A.J.DESAI, J) (NISHA M. THAKORE,J) *F.S.KAZI.....
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