Gujarat Court February 2008 Judgments

Limbdi Municipality Vs. Inayakhusen Nathumiya Saiyad and anr.

Court: Gujarat

Reported in: [2008(118)FLR1005]; 2008GLH(1)520; (2008)IILLJ942Guj

H.K. Rathod, J.1. Heard learned Advocate Mr. Manish R. Raval for the petitioner and Mr. AI Pathan, learned Advocate for respondent No. 1 as well as Ms. Rita Chandarana learned AGP for the respondent No. 2.2. Through this petition under Article 227 of the Constitution of India, the petitioner Municipality has challenged the order passed by the Controlling Authority and Appellate Authority (Annexure D and G respectively). Respondent No. 1 Inayathusen Nathumiya Saiyad had filed application before the controlling authority at Surendranagar claiming remaining amount of gratuity being Gratuity Application No. 48 of 2004. Grievance of the respondent No. 1 was that he is entitled for the notional fixation of pay as per the recommendations made by the 5th Pay Commission which came into effect from 1st January, 1996 and on that basis, he is entitled for the amount of gratuity. According to the respondent No. 1, similar benefits were given in favour of certain other employees those who have retir...