Gujarat High Court
Vadodara Mahanagar Seva Sadan vs Subhashbhai Khodabhai on 25 July, 2013
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
VADODARA MAHANAGAR SEVA SADAN....Petitioner(s)V/SSUBHASHBHAI KHODABHAI SOLANKI C/SCA/8744/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 8744 of 2013 ============================================================= VADODARA MAHANAGAR SEVA SADAN ....Petitioner Versus SUBHASHBHAI KHODABHAI SOLANKI And Another ...Respondents ================================================================ Appearance: MR.ALKESH N SHAH, ADVOCATE for the Petitioner ================================================================ CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY Date : 25/07/2013 ORAL ORDER
1. This petition was rejected on merits by the order of this Court dated 03.07.2013, however, instead of disposing of the matter on that day, further order was passed directing the Government to consider the question of continuing the exemption granted to the Baroda Municipal Corporation from the applicability of the Payment of Gratuity Act, keeping in view the facts of that case as well as the observations of this Court in the order in Special Civil Application No.6683 of 2013 dated 26.04.2013.
Today, learned Assistant Government Pleader Mr.Rahul Dave has placed on record the order of the Government dated 24.07.2013, by which it is ordered that only those employees of the Baroda Municipal Corporation, who are getting gratuity under the Gujarat Civil Services Rules are exempted from the applicability of the Payment of Gratuity Act, and other employees/ workmen who are not covered by the Gujarat Civil Services Rules, qua them, the provisions of the Payment of Gratuity Act shall be applicable. Thus, the loophole of the blanket exemption granted by the Government to the Baroda Municipal Corporation from the applicability of the Payment of Gratuity Act, as referred to in detail by this Court in the above referred two orders, is now patched-up by the Government. Further, this amendment is made effective from 14.12.2001.
Under these circumstances, no more order needs to be recorded on this petition. Petition stands disposed of.
(PARESH UPADHYAY, J.) Amit Page 2 of 2