STATE OF GUJARAT THROUGH EXECUTIVE ENGINEERversusCONTROLLING AUTHORITY, ANAND UNDER PAYMENT OF GRATUITY ACT, 1972
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court held that it will not exercise jurisdiction under Articles 226 and 227 because the amount in dispute is trivial.
Summary
The State of Gujarat, through the Executive Engineer, filed a special civil application under Articles 14, 226 and 227 of the Constitution challenging an order dated 16‑10‑2023 issued by the Controlling Authority under the Payment of Gratuity Act, 1972, which directed the State to pay Rs.35,545 plus 10% interest to the employee. The petitioner argued that the order violated constitutional principles. The High Court observed that the quantum involved was nominal and, therefore, it would not exercise its jurisdiction under Articles 226 and 227 for such a small amount. Consequently, without addressing the merits, the Court dismissed the petition, noting that the decision should not be treated as precedent. The Court directed the petitioner to deposit the amount within eight weeks, after which it will be released to the employee following standard procedures.
Issues considered
- Whether the High Court should exercise jurisdiction under Articles 226 and 227 of the Constitution for a petition involving a nominal sum of Rs.35,545
- Whether the order passed under the Payment of Gratuity Act, 1972, can be challenged on constitutional grounds in this context
Legislation cited
Subjects
Judgment
C/SCA/14863/2025 JUDGMENT DATED: 05/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14863 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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STATE OF GUJARAT THROUGH EXECUTIVE ENGINEER
Versus
CONTROLLING AUTHORITY, ANAND UNDER PAYMENT OF GRATUITY
ACT, 1972 & ANR.
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Appearance:
MR MRUNAL DHOLARIA AGP for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 05/03/2026
JUDGMENT
1. By way of present petition under Articles 14, 226 & 227 of
the Constitution of India, petitioner has challenged the order
dated 16.10.2023 passed by the Controlling Authority under
Payment of Gratuity Act, 1972 in Gratuity Case No.67 of 2023,
whereby, the petitioner was directed to pay Rs.35,545/- along
with 10% interest to the respondent No. 2.
2. Heard Mr. Mrunal Dholaria, learned counsel AGP for the
petitioner.
3. Though various grounds have been raised in the memo of
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C/SCA/14863/2025 JUDGMENT DATED: 05/03/2026
petition, the fact remains that the total amount involved in the
petition is only Rs.35,545/-. Considering the smallness of
amount, this Court deems it 2t not to exercise jurisdiction under
Article 226 & 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 further clari2cation that
this may not be considered as precedent in other matters, the
petition is dismissed.
4. If the amount is not deposited by the petitioner, 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 employee, after
verifying the bank details and after following due procedure,
through RTGS/NEFT. Notice is discharged.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 05/03/2026 16:44:05
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