Bharat J. Upadhyay vs. State Of Gujarat
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Order Issued After Hearing
Purpose:
IA
Before:
Hon'ble S. Ravindra Bhat
Stage:
ORDERS (INCOMPLETE MATTERS / IAs / CRLMPs)
Remarks:
IA Allowed [124498/2019,124499/2019,158871/2019,37842/2020,58781/2020,58782/2020]
Listed On:
19 Apr 2021
In:
Chamber
Category:
UNKNOWN
Interlocutory Applications:
124498/2019, 124499/2019, 124500/2019, 158871/2019,
Original Order Copy
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Order Text
ITEM NO.16 Court 13 (Video Conferencing) SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7662/2014 (Arising out of impugned final judgment and order dated 04-10-2013 in SCA No. 6883/2012 passed by the High Court Of Gujarat At Ahmedabad) S.L OZA & ORS. Petitioner(s) VERSUS THE STATE OF GUJARAT & ORS. Respondent(s) ( IA No. 124485/2019 - EXEMPTION FROM FILING O.T.) WITH SLP(C) No. 7663/2014 (III) SLP(C) No. 2926/2015 (III) SLP(C) No. 3475/2015 (III) Date : 03-12-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Rashmikumar Manilal Vithlani, AOR [Not Present] For Respondent(s) Ms. Hemantika Wahi, AOR Mr. Pradeep Misra, AOR Mr Daleep Dhyani Adv Mr Suraj Singh Adv Mr Bhuwan Chandra Adv Mr Manoj Kr Sharma Adv UPON hearing the counsel the Court made the following O R D E R We adjourned the matter on two occasions as no one was present
on behalf of the petitioners. Today also, none is present on behalf of the petitioners. We have heard Mr. Pradeep Misra, learned counsel appearing on Digitally signed by DEEPAK SINGH Date: 2021.12.06 17:28:03 IST Reason: Signature Not Verified
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behalf of the respondent (Electricity Corporation) and Ms. Deepanwita Priyanka, learned counsel for the State.
We have gone through the impugned order passed by the High Court. It appears that all the petitioners retired prior to 01.05.2010. The amended provision of the Payment of Gratuity Act, 1972 enhancing the liability / amount came into force with effect from 18.05.2010. Even the respective employees were paid the gratuity as per the settlement entered between the Union and the Corporation. This issue is covered by a decision ofthis Court in State Government Pensioners' Association & Ors. v. State of Andhra Pradesh, reported in (1986) 3 SCC 501.
In view of the above, the special leave petitions deserve to be dismissed and are accordingly dismissed.
Pending application, if any, stands disposed of.
(MEENAKSHI KOHLI) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER