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2025 DAILYLAW 7410 (GUJ)

BHUPENDRA KANTILAL PAREKH v. THE J B AND BROTHERS PVT LTD.

SCA/15740/2025 · 2025-11-24

Hemant M Prachchhak

body2025

Judgment text

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C/SCA/15740/2025 ORDER DATED: 24/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15740 of 2025 ================================================================ BHUPENDRA KANTILAL PAREKH Versus THE J B AND BROTHERS PVT LTD. & ANR. ================================================================ Appearance: MR UT MISHRA(3605) for the Petitioner(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 24/11/2025 ORAL ORDER 1. By way of present petition under Article 226 & 227 of the Constitution of India, petitioner has challenged the order dated 26.04.2024 passed by the Controlling Authority, Surat under Payment of Gratuity Act, 1972 (hereinafter be referred to as “the Act”) in Gratuity Case No. 432 of 2023 and the order dated 06.02.2025 passed by the respondent No.2 - Appellate Authority in Appeal Nos.40 of 2024 & 79 of 2024, whereby, the learned Authority has rejected the appeal 0led by the petitioner and entertained the appeal 0led by the respondent No.1 herein and modi0ed the order passed by the Controlling Authority by directing the respondent No.1 to pay Rs.12,424/- with 10% simple interest. 2. Heard Mr. U.T. Mishra, learned counsel appearing for the petitioner. 3. Though various grounds have been raised in the memo of petition, the fact remains that the total amount involved in the C/SCA/15740/2025 ORDER DATED: 24/11/2025 petition is only Rs.12,424/-. Considering the smallness of amount, this Court deems it 0t not to exercise jurisdiction under Article 226 & 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 clari0cation that this may not be considered as precedent in other matters, the petition is dismissed. 4. If the amount is not deposited by the respondent No.1, 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 petitioner-workman, after verifying his bank details and after following due procedure, through RTGS/NEFT. (HEMANT M. PRACHCHHAK,J) Dolly Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 24/11/2025 17:31:16