“8.08. Now, so far as the submission on behalf of the appellant that as earlier the respondent No.1 approached the Gujarat University’s Services Tribunal claiming retirement benefits including payment of gratuity by way of Application No.38 of 2010 and the learned tribunal rejected the same, which came to be confirmed by the learned Single Judge of this Court while passing order in Special Civil Application No. 2254 of 2011 and therefore, on the ground of resjudicata the respondent No.1 shall not be entitled to claim gratuity under the Payment of Gratuity Act is concerned, again the same has no substance. It is required to be noted that, as such, the respondent No.1 herein was denied the retirement benefits on the ground that he was not in regular employment and that he was appointed on the post which was not sanctioned and therefore, he was held not entitled to claim pensionery benefits / retirement benefits / gratuity as per the Rules and Regulation of the University. Apart from the above, it is required to be noted that the University Tribunal as such has no jurisdiction to adjudicate the dispute with respect to the gratuity under the Payment of Gratuity Act. Considering the provisions of the Payment of Gratuity Act, only the controlling authority under the Payment of Gratuity Act is the sole authority to adjudicate the dispute / issue with respect to gratuity under the Payment of Gratuity Act. In the present case, on an application given by the respondent No.1 herein, the controlling authority, which is vested with the powers to adjudicate such issue, has held that the respondent No.1 herein is entitled to the gratuity under the Payment of Gratuity Act.”
