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 p. 2 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." p. 3 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, p. 4 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