IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5073 of 2004 with SPECIAL CIVIL APPLICATION NO.5074 OF 2004 For Approval and Signature: HON'BLE MR.JUSTICE JAYANT PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- GUJARAT STATE ROAD TRANSPORT CORPORATION Versus KANJIBHAI MAVJIBHAI PARMAR -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 5073 & 5074 of 2004 MR ASHISH M DAGLI for Petitioner No. 1 MR RC JANI for Respondent No. 1 Mr.Mengdey, AGP for Respondent No. 2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE JAYANT PATEL Date of decision: 03/05/2004 ORAL JUDGEMENT Mr.Dagli learned advocate for the petitioners states that the notice issued by this court for final disposal is duly served upon the concerned respondent, but nobody appears on behalf of the respondents. 2. Upon hearing Mr.Dagli for the petitioners, it appears that the present case is more or less on the same groundes and on the same points as they were considered by this court in Spl.C.A.No.8080 of 2003 and allied matters which have been disposed of as per the decision dated 10.2.2004. Not only that, but after considering the same subject matter in another petition, viz Spl.C.A.No.1528 of 2004, where also the respondent employee did not appear inspite of service, this court, as per its decision dated 17.4.04 has considered and found that if the respondent concerned declares before the appellate authority under the Payment of Gratuity Act to the effect that he is not claiming interest on the ordered amount of gratuity, then in that case, the respondent concerned may be permitted to withdraw the amount by the appellate authority without further adjudicating the matter, but if the concerned respondent fails to make such a declaration within a reasonable time, then the appellate authority will have to reconsider the whole case in light of the decision delivered by this court on 11.2.2004 in Spl.C.A.No.8080 of 2003 and allied matters. Hence, Rule. 3. Under the above circumstances, since the present case is squarely covered by the decision delivered by this court on 17.4.04 in Spl.C.A.No.1528 of 2004, in view of the reasons recorded therein, the present petitions also deserve to be allowed and the following directions are required to be issued as they were issued in the aforesaid matter. 3.1 The impugned orders passed by the Controlling Authority and orders in concerned appeals passed by the Appellate Authority are quashed and set aside with a further direction that since the amount of gratuity with interest is already deposited by the petitioner with the appellate authority, if the concerned respondent files a declaration on oath within 30 days from such intimation which may be given by the appellate authority to the concerned respondent before the Appellate Authority declaring that he is abandoning the right to claim interest, then in that case, the Appellate Authority shall allow the withdrawal of the principal amount of gratuity to the respondent herein and shall refund the amount of interest to the petitioner-Corporation. 3.2 If the concerned respondent fails to file such a declaration as observed earlier, then the appellate authority shall re-hear the concerned appeal and shall decide the same in light of the observations made by this court in the judgment dated 11.2.2004 in Spl.C.A.No.8080/03 and allied matters and shall render the decision in accordance with law as early as possible, preferably within a period of four months from the date of receipt of the writ of this court. 4. The petitions are allowed to the aforesaid extent. Rule in each petition is made absolute accordingly. Considering the facts and circumstances of the case, no order as to costs. 3.5.04 (JAYANT PATEL,J)