Case Note & Summary
The petitioner, Commissioner of Junagadh Municipal Corporation, challenged the order dated 19.7.2025 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 in Gratuity Application No.10 of 2025, which awarded gratuity of Rs.91,298/- with 10% interest to the respondent No.1, Govindbhai Dahyabhai Gori. The petitioner also challenged the appellate order dated 5.1.2026 passed by the Appellate Authority, Rajkot in Gratuity Appeal No.192 of 2025, which confirmed the Controlling Authority's order. The High Court noted that the total amount involved was very small, less than Rs.1,00,000/-. Considering the smallness of the amount, the Court opined that the petition did not warrant consideration under its writ jurisdiction. Accordingly, the petition was dismissed on that ground alone, with a clarification that this dismissal should not be considered as a precedent in other petitions. The Court did not enter into the merits of the case. The petitioner-Municipality was directed to deposit the gratuity amount as awarded by the Controlling Authority and to disburse it to the respondent No.1 after verifying bank details and following due procedure, through RTGS/NEFT, within eight weeks from the date of receipt of the order. Pending civil applications, if any, were disposed of, and interim relief, if any, stood vacated.
Headnote
A) Gratuity - Smallness of Amount - Writ Jurisdiction - Payment of Gratuity Act, 1972 - The High Court dismissed the petition solely on the ground that the amount involved (Rs.91,298/-) was small and did not warrant exercise of writ jurisdiction, clarifying that the dismissal should not be treated as a precedent and that the merits were not examined. (Paras 3-6)
Issue of Consideration
Whether the High Court should entertain a writ petition challenging a gratuity award of a small amount (Rs.91,298/-) under its writ jurisdiction.
Final Decision
The petition is dismissed on the ground of smallness of amount, with clarification that it shall not be treated as a precedent. The petitioner-Municipality is directed to deposit the gratuity amount as awarded and disburse it to respondent No.1 within eight weeks.
Law Points
- Smallness of amount
- writ jurisdiction not warranted
- no precedent value
- gratuity award
- Payment of Gratuity Act
- 1972
