SCA/4127/1990 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4127 of 1990 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== JINDAS DHARAMDAS DHARMIK TRUST Versus MAHARAJ BHIKHARAM JADURAM AND ANOTHER ====================================== Appearance : MR MUKESH H RATHOD for Petitioner. NOTICE SERVED for Respondent No.1. MS HANSA PUNANI, AGP for Respondent No.2. ====================================== CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 29/09/2008 ORAL JUDGMENT In the present petition under Article 227 of the Constitution, the petitioner has challenged order dated 15-2-1990 of the appellate authority under the Payment of Gratuity Act, 1972 whereby award of SCA/4127/1990 2/2 JUDGMENT gratuity to 'pujari' employed by the petitioner was confirmed. It was fairly conceded by learned counsel for the petitioner that the only issue as to whether the petitioner – trust was an industry or establishment and whether respondent no.1 was an employee within the meaning of provisions of the Payment of Gratuity Act was squarely covered by earlier decision dated 20th November 2002 of this Court (Coram : Honourable Mr.Justice J.M.Panchal, as his Lordship then was) in Special Civil Application No.4553 of 1988. Therefore, following that decision, the present petition would not survive and accordingly it is dismissed with no order as to costs. (D.H.Waghela, J.) *malek