The petitioner, a retired employee of Gujarat Vidyut Board (O&M) Division is before this Court being aggrieved of order passed by the controlling authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as "the Act") in Application No.18 of 2003 dated 5/7th February 2004, against which an appeal was preferred before the appellate authority under the Act being Gratuity Appeal No.10 of 2004, which was dismissed on 05.11.2004.
2.Mr.Desai, the learned advocate appearing for the petitioner submitted that the controlling authority as well as the appellate authority have missed a very important aspect of the matter that whenever there is a scheme beneficial to the employees under the provisions of the Act, the same is to prevail as provided in subsection (5) of section 4 of the Act.
3.On perusal of the order of the controlling authority under the Act as well as that of the appellate authority, the Court finds that the aforesaid statement of Mr.Desai is not only misconceived but also misplaced, inasmuch as the controlling authority has specifically recorded in its order that, the Government Resolutions issued by the State Government or the Central Government do not automatically become applicable to the employees of a Board. The controlling authority has also recorded that in the present case the petitioner has not produced any material to support his contention that the Government's decision is accepted by the Board and that the Board has issued any order in that regard. The authority has recorded its conclusion that the Government Resolution does not apply to the retired employees of the Board.
4.This Court is of the opinion that the present petition is misconceived and hence dismissed. However, there shall be no order as to cost.
(Ravi R. Tripathi, J.) karim