STATE OF GUJARAT THROUGH DEPUTY EXECUTIVE ENGINEERversusAPPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT
- 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, represented by a Deputy Executive Engineer, filed a special civil application under Articles 226 and 227 of the Constitution challenging an order of the Appellate Authority dated 25‑02‑2025 which directed it to pay Rs 93,927 as gratuity to an employee (respondent No 2). The petition raised several grounds against the appellate order, but the High Court noted that the quantum involved was nominal. Relying on the principle that courts should not entertain constitutional writ petitions for trivial amounts, the Court declined to exercise its jurisdiction under Articles 226 and 227. Consequently, the petition was dismissed without addressing the merits of the grievance. The Court, however, directed the petitioner to deposit the stipulated amount within eight weeks, after which it should be released to the employee by RTGS/NEFT following verification of bank details.
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 93,927
- Whether the order of the Appellate Authority directing payment of gratuity can be challenged on the basis of the amount’s smallness
Legislation cited
Subjects
Judgment
C/SCA/15176/2025 JUDGMENT DATED: 05/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15176 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 DEPUTY EXECUTIVE ENGINEER
Versus
APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & ANR.
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Appearance:
MS AGNEYA MANKAD AGP for the Petitioner(s) No. 1
MR UT MISHRA(3605) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 05/03/2026
JUDGMENT
1. By way of present petition under Articles 226 & 227 of the
Constitution of India, petitioner has challenged the order dated
25.02.2025 passed by the Appellate Authority, Surat in Gratuity
Appeal No. 160 of 2024, whereby, the petitioner was directed to
pay Rs.93,927/- to respondent No. 2.
2. Heard Ms. Agneya Mankad, learned AGP appearing for the
petitioner and Mr. U T Mishra, learned counsel for the respondent
No. 2.
3. Though various grounds have been raised in the memo of
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C/SCA/15176/2025 JUDGMENT DATED: 05/03/2026
petition, the fact remains that the total amount involved in the
petition is only Rs.93,927/-. Considering the smallness of
amount, this Court deems it 3t 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 clari3cation 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 16:44:34
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