Trustee, Matushree M P Shah Primary ... vs Appellate Authority Under The Payment ... on 21 August, 2023

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Gujarat High Court

Trustee, Matushree M P Shah Primary ... vs Appellate Authority Under The Payment ... on 21 August, 2023

Bench: Rajendra M. Sareen

                                                                                  NEUTRAL CITATION




      C/SCA/13552/2022                             ORDER DATED: 21/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 13552 of 2022

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          TRUSTEE, MATUSHREE M P SHAH PRIMARY SCHOOL
                             Versus
     APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,
                          AHMEDABAD
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Appearance:
MR. VISHAL P THAKKER(7079) for the Petitioner(s) No. 1
MR PRABHAKAR UPADYAY(1060) for the Respondent(s) No. 2
MR MD RAHEVAR AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                              Date : 21/08/2023

                               ORAL ORDER

1. By way of this petition, the petitioner is seeking for the following prayers:

"(A) Your Lordships be pleased to issue an appropriate writ, order or direction, thereby quashing and setting aside the order of Appellate Authority in Appeal No. 69 of 2021, dated 26.04.2022 and subsequent orders in the interest of justice and equity;

(B) Your Lordships be pleased to issue an appropriate writ, order or direction, thereby quashing and setting aside the order of Appellate Authority in Appeal No. 69 of 2020 dated 26.04.2022 and subsequent orders, pending admission hearing and final disposal of this petition.

(C) Your Lordships be pleased to grant such other and further reliefs as deemed fit in the interest of justice."

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NEUTRAL CITATION C/SCA/13552/2022 ORDER DATED: 21/08/2023 undefined

2. As per the factual matrix of the case, the respondent no.3 had preferred an application for payment of gratuity before the Controlling Authority under the Payment of Gratuity Act being Gratuity Case No. 227 of 2020, wherein the order came to be passed by the Controlling Authority awarding an amount of Rs.3,25,000/- from the date of application till realization with the interest of 10% per annum, to respondent no.2 by the order dated 23.04.2021, which was challenged by the petitioner before the Appellate Authority.

2.1 Being aggrieved by the award the petitioner challenged the above order before the Appellate Authority being Appeal No.69 of 2021 by order dated 26.04.2022, the said appeal came to be dismissed by the Appellate Authority. The same is under challenge by way of this petition.

3. Heard learned Counsels appearing for the respective parties.

4. It is submitted by learned advocate Mr. Aakash Modi on behalf of learned advocate Mr. Prabhakar Upadhyay for the respondent no.2, that the issue pertaining to the payment of gratuity to a teacher in a school run by a Trust is squarely covered by an order of Co- ordinate Bench of this Court dated 10.02.2023 in Special Civil Application No. 22788 of 2017, wherein the Honourable Apex Court has relied upon the case of Birla Institue of Technology Vs. Indu Malhotra, reported in 2019(4) SCC 513 Page 2 of 3 Downloaded on : Sun Sep 17 01:56:58 IST 2023 NEUTRAL CITATION C/SCA/13552/2022 ORDER DATED: 21/08/2023 undefined and in the case of Independent Schools Federation of India (Regd.) Vs. Union of India, reported in 2022(0) AIJEL- SC- 69765, with respect to the status of the techer as an employee under the Payment of Gratuity Act, 1972. The said legal proposition of law settled by the Apex Court having settled the very dispute raised in this petition.

5. In view of the above law laid down by the Honourable Apex Court mentioned herein above, the present Special Civil Application is devoid of any merits and is disposed of accordingly.

6. The petitioner-Trust is direct to deposit the amount of gratuity before the Controlling Authority, if not deposited within a period of four weeks from the date of receipt of the order of this Court. Once the said amount is deposited before the Controlling Authority , the Controlling Authority is directed to disburse the same within a period of two weeks on an appropriate application being made by the respondent no.2 after following due procedure of law and verification.

7. With the aforesaid directions, the petition stands disposed of accordingly.

(RAJENDRA M. SAREEN,J) Radhika Page 3 of 3 Downloaded on : Sun Sep 17 01:56:58 IST 2023

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