RAGHUVEER SYNTHETICS LTD.versusFULWATI RAJBALI GUPTA

      C/SCA/1875/2022                           ORDER DATED: 30/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              R/SPECIAL CIVIL APPLICATION NO. 1875 of 2022
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
                                   In
              R/SPECIAL CIVIL APPLICATION NO. 1875 of 2022
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 15873 of 2022
==========================================================
           FACTORY MANAGER, RAGHUVEER SYNTHETICS LTD.
                              Versus
             FULWATIDEVI WD/O RAJBALI SUKHDEV GUPTA
==========================================================
Appearance:
MR PRABHAKAR UPADYAY(1060) for the Petitioner(s) No. 1
MR MANOJ S CHAUDHARY(10785) for the Respondent(s) No. 1
MR RJ SHARMA(1201) for the Respondent(s) No. 1
MS MAMTAKUMARI S CHAUDHARY(10787) for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                            Date : 30/01/2026

                            ORAL ORDER

1.     The petition being Special Civil Application No.1875
of 2022 is filed by the petitioner under Articles 226 and
227 of the Constitution of India r/w Section 33(c)(2) of the
Industrial Disputes Act, with below mentioned relief/s:-

       "22(A) Your Lordships may kindly be pleased to issue a Writ
       of Certiorari and / or any other appropriate Writ, directions
       or order to quash and set aside the impugned order dated
       01.09.2021 passed by the Hon'ble Labour Court, Ahmedabad
       in Recovery Application No.201 of 2017 in Appeal (I.C.)
       No.108 of 1993 in B.I.R.T. Application No.293 of 1989 below
       Exh.47 at Annexure-A to this petition.

       (B) Pending hearing and final disposal of this petition, Your


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     C/SCA/1875/2022                           ORDER DATED: 30/01/2026




      Lordships may kindly be pleased to stay the implementation,
      execution & operation of the impugned Order dated
      01.09.2021 passed by the Hon'ble Labour Court, Ahmedabad
      in Recovery Application No.201 of 2017 in Appeal (I.C.)
      No.108 of 1993 in B.I.R.T. Application No.293 of 1989 below
      Exh.47 at Annexure-A to this petition;

      (C) Your Lordships may kindly be pleased to pass any other
      further Order/s as are deemed fit, just and proper in the facts
      and circumstances of the case and in the interest of justice."

2.    Whereas, the petition being Special Civil Application
No.15873 of 2022 is filed by the petitioner under Articles
226 and 227 of the Constitution of India r/w Section 7 of
the Payment of Gratuity Act, 1972 with below mentioned
relief/s:-

      "24(A) Your Lordships may kindly be pleased to issue a Writ
      of Certiorari and / or any other appropriate Writ, directions
      or order to quash and set aside the impugned order dated
      28.09.2020 passed by the Ld. Controlling Authority,
      Ahmedabad in Gratuity Application No.321 of 2019 at
      Annexure-J to this petition.

      (B) Your Lordships may kindly be pleased to issue a Writ of
      Certiorari and / or any other appropriate Writ, direction or
      order to quash and set aside the impugned order dated
      27.08.2021 passed by the Ld. Appellate Authority, under the
      Gratuity Act 1972, Ahmedabad in Gratuity Appeal No.125 of
      2020 at Annexure-L to this petition.

      (C) Pending hearing and final disposal of this petition, Your
      Lordships may kindly be pleased to stay the implementation,
      execution & operation of the impugned Order dated
      28.09.2020 passed by the Ld. Controlling Authority,
      Ahmedabad in Gratuity Application No.321 of 2019 at
      Annexure-J to this petition;

      (C) Your Lordships may kindly be pleased to pass any other
      further Order/s as are deemed fit, just and proper in the facts
      and circumstances of the case and in the interest of justice."




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    C/SCA/1875/2022                                ORDER DATED: 30/01/2026




3. Today, when the petitions were called out and taken up
for hearing, the learned counsel appearing for the
respective parties jointly submitted, under instructions,
that the parties have amicably settled the dispute
between them. Pursuant to the said settlement, the
petitioner has agreed to pay an amount of Rs.5,02,466/-
towards full and final settlement of all dues payable to the
respondent and the said amount shall be paid to the
concerned respondent within a period of eight weeks
from the date of receipt of a copy of the present order.

4. In view of the aforesaid settlement and the joint
submission            made   by   the    learned   counsel         for       the
respective parties, both the petitions are allowed. The
impugned orders challenged in both the petitions are
hereby quashed and set aside, and all proceedings arising
therefrom stand disposed of accordingly.

5. It is further directed that the petitioner shall pay an
amount of Rs.5,02,466/- towards full and final settlement
of all dues to the respondent within a period of eight
weeks from the date of receipt of a copy of this order.


6. It is further clarified that the amount of Rs.1,28,763/-
towards gratuity, already deposited by the petitioner
before the Controlling Authority, shall be released in
favour of the respondent by the Controlling Authority,



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       C/SCA/1875/2022                                                               ORDER DATED: 30/01/2026




after due verification of the respondent’s bank details and
after following the prescribed procedure, by way of
RTGS/NEFT, towards full and final settlement between
the parties.


7. Upon receipt of the aforesaid amounts, the respondent
shall not raise any further dispute or claim in respect of
the subject matter of the present proceedings.

         Direct service is permitted.


        ORDER IN CIVIL APPLICATION NO.1 OF 2023
                           IN
       SPECIAL CIVIL APPLICATION NO.1875 OF 2022.


         In view of the order passed today in the main
petition, the present Civil Application for stay does not
survive and the same stands disposed of accordingly.



                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/02/2026 17:44:06




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