STATE OF GUJARATversusCONTROLLING AUTHORITY, DEVBHOOMI DWARKA, UNDER THE PAYMENT OF GRATUITY ACT, 1972
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is dismissed on the ground that the amount involved is too small for the High Court to exercise jurisdiction under Articles 226 and 227.
Summary
The State of Gujarat filed a special civil application under Articles 226 and 227 of the Constitution challenging an order dated 26‑04‑2024 issued by the Controlling Authority, Devbhumi Dhwarka, under the Payment of Gratuity Act, 1972, in Gratuity Case No. 29 of 2023. The dispute concerned a gratuity amount of Rs.40,708 payable to a workman. The High Court, after hearing the petitioner's counsel, held that the amount involved was too small to warrant the exercise of its jurisdiction under Articles 226 and 227 and therefore dismissed the petition without addressing the merits. The Court directed the respondent authority to deposit the amount within eight weeks and, after verification, to disburse it to the workman via RTGS/NEFT. No precedent was to be created by this order.
Issues considered
- What is the appropriate jurisdiction of the High Court under Articles 226 and 227 for a grievance involving a small monetary amount?
- Whether the order of the Controlling Authority under the Payment of Gratuity Act, 1972, should be set aside on the ground of the amount being trivial.
Legislation cited
Subjects
Judgment
C/SCA/107/2026 ORDER DATED: 08/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 107 of 2026
==========================================
STATE OF GUJARAT & ANR.
Versus
CONTROLLING AUTHORITY, DEVBHOOMI DWARKA, UNDER THE
PAYMENT OF GRATUITY ACT, 1972 & ANR.
==========================================
Appearance:
MS AGNEYA MANKAD AGP for the Petitioner(s) No. 1,2
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 08/01/2026
ORAL ORDER
1. By way of present petition under Article 226 & 227 of the
Constitution of India, petitioner has challenged the order dated
26.04.2024 passed by the Controlling Authority, Devbhumi Dhwarka
under Payment of Gratuity Act, 1972 (hereinafter be referred to as
“the Act”) in Gratuity Case No. 29 of 2023.
2. Heard Ms.Agneya Mankad, learned Assistant Government
Pleader for the petitioners.
3. Though various grounds have been raised in the memo of
petition, the fact remains that the total amount involved in the
petition is only Rs.40,708/-. Considering the smallness of amount, this
Court deems it fit not to exercise jurisdiction under Article 226 and
227 of the Constitution of India. Accordingly, without entering into the
merits of the matter only on the ground of smallness of amount with a
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C/SCA/107/2026 ORDER DATED: 08/01/2026
further clarification that this may not be considered as precedent in
other matters, the petition is dismissed.
4. If the amount is not deposited by the respondent - authority,
the same shall be deposited within a period of eight weeks from the
date of receipt of order of this Court. Once the amount is deposited,
the same shall be disbursed in favour of the respondent - workman,
after verifying her bank details and after following due procedure,
through RTGS / NEFT.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/01/2026 15:49:36
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