STATE OF GUJARATversusCONTROLLING AUTHORITY
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is dismissed on the ground of the smallness of the amount, without the Court exercising jurisdiction under Articles 226 and 227.
Summary
Petitioners filed a special civil application under Articles 226 and 227 of the Constitution challenging an order dated 02.05.2023 issued by the Controlling Authority, Rajkot, under the Payment of Gratuity Act, 1972, which directed them to pay Rs.42,695 with 10% simple interest. The High Court observed that the amount involved was nominal and, on that ground alone, declined to exercise its jurisdiction. Consequently, the Court dismissed the petition without addressing the merits of the grievance. The order further directed 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. The dismissal was made with a clarification that it does not set a precedent for other matters.
Issues considered
- Whether the High Court should entertain a petition under Articles 226/227 of the Constitution when the monetary claim is nominal (Rs.42,695).
- Whether the Court has jurisdiction to review the order of the Controlling Authority under the Payment of Gratuity Act, 1972 in such a case.
Legislation cited
Subjects
Judgment
C/SCA/1340/2026 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1340 of 2026
==========================================
STATE OF GUJARAT & ANR.
Versus
CONTROLLING AUTHORITY & ANR.
==========================================
Appearance:
MR MRUNAL DHOLARIA 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, petitioners have challenged the order dated
02.05.2023 passed by the Controlling Authority, Rajkot under
Payment of Gratuity Act, 1972 (hereinafter be referred to as “the
Act”) in Gratuity Case No. 115 of 2023 and directed the petitioners to
pay Rs.42,695/- with 10% simple interest.
2. Heard Mr. Mrunal Dholaria, learned Assistant Government
Pleader appearing 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.42,695/-. Considering the smallness of amount, this
Court deems it Ct not to exercise jurisdiction under Articles 226 and
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C/SCA/1340/2026 ORDER DATED: 05/02/2026
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 clariCcation that this may not be considered as precedent in
other matters, the petition is dismissed.
4. If the amount is not deposited by the petitioners, 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 16:29:53
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