JINDAS DHARAMDAS DHARMIK TRUST Vs. MAHARAJ BHIKHARAM JADURAM

JUDGEMENT

(1.) 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 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.