STATE OF GUJARAT THRUOGH EXECUTIVE ENGINEERversusPURIBEN SAMATBHAI BHIL
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The High Court dismissed the petition on the ground that the modest amount of Rs.56,943 did not warrant the exercise of its jurisdiction under Articles 226 and 227.
Summary
The State of Gujarat, through the Executive Engineer, filed a special civil application under Articles 226 and 227 of the Constitution challenging an order of the Controlling Authority dated 20‑04‑2022 that directed the petitioners to pay a gratuity amount of Rs.56,943 with 10% simple interest under the Payment of Gratuity Act, 1972. The petition raised several grounds but the court noted that the total sum involved was modest. Relying on the smallness of the amount, the High Court declined to exercise its constitutional jurisdiction and dismissed the petition without addressing the merits. The court ordered that if the amount is not already deposited, the petitioners must deposit it within eight weeks, after which it will be released to the workman following verification. No precedent will be set by this order.
Issues considered
- What is the appropriate jurisdiction of the High Court under Articles 226 and 227 for a petition involving a small monetary claim?
- Whether the order of the Controlling Authority under the Payment of Gratuity Act, 1972 should be set aside on the grounds raised in the petition.
Legislation cited
Subjects
Judgment
C/SCA/1493/2026 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1493 of 2026
==========================================
STATE OF GUJARAT THRUOGH EXECUTIVE ENGINEER
Versus
PURIBEN SAMATBHAI BHIL & ANR.
==========================================
Appearance:
MS ROSHNI PATEL AGP for the Petitioner(s) No. 1
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 05/02/2026
ORAL ORDER
1. By way of present petition under Article 226 and 227 of the
Constitution of India, petitioner has challenged the order dated
20.04.2022 passed by the Controlling Authority, Banaskantha at Patan
under Payment of Gratuity Act, 1972 (hereinafter be referred to as
“the Act”) in Gratuity Case No. PGA/PLN/09/2022 and directed the
petitioners to pay Rs.56,943/- with 10% simple interest.
2. Heard Ms. Roshni Patel, learned Assistant Government Pleader
appearing for the petitioner.
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.56,943/-. Considering the smallness of amount, this
Court deems it At not to exercise jurisdiction under Articles 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/1493/2026 ORDER DATED: 05/02/2026
further clariAcation 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 workman, after verifying his 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 06/02/2026 16:28:52
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