The Municipal Council, Achalpur, Thr. Chief Officer v. Jagannath S/O Vishwanath Tathod

1 caw1331.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO.1331/2019 IN WRIT PETITION NO.911/2017 The Municipal Council, Achalpur ..Vs..

Jagannath V. Tathod - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.Y. Deopujari, Advocate for the petitioner. Shri R.R. Gour, Advocate for the respondent.

CORAM : Z.A. HAQ, J.

DATED : 20.6.2019.

The dispute in this petition is whether the respondent / employee is entitled for gratuity as per the provisions of the Payment of Gratuity Act, 1972. According to the petitioner / employer, gratuity is paid to the respondent / employee calculating it as per the provisions of the Maharashtra Civil Services Rules which are applicable and govern the service conditions of the respondent / employee. The respondent / employee relies on the provisions of Section 4(5) of the Payment of Gratuity Act, 1972 and claims higher amount as per the Payment of Gratuity Act, 1972.

Learned Advocate for the petitioner has submitted that the amount of gratuity receivable by the respondent / employee as per the provisions of the Maharashtra Civil Services Rules has been paid to the

2 caw1331.19 respondent / employee.

In the above facts, I am not inclined to grant the prayer for early hearing. The civil application is dismissed. No costs.

JUDGE Tambaskar.