C/MCA/765/2022 ORDER DATED: 08/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 765 of 2022
In R/LETTERS PATENT APPEAL NO. 90 of 2012
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PWD EMPLOYEES UNION
Versus
MR. SANDIP VASAWA , SECRETARY ROADS AND BUILDING
DEPARTMENT
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Appearance:
MR SHALIN MEHTA SENIOR ADVOCATE WITH MS SHIKHA D
PANCHAL(10764) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,5
6,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,8,9
MS SHRUTI DHRUV, AGP for the Respondent No.1
NOTICE SERVED BY DS for the Opponent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 08/02/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) It was to secure compliance of the following directions of the Division Bench of this Court issued vide judgment dated 19th March 2022 in Letters Patent Appeal No.90 of 2012 that the jurisdiction under the Contempt of Courts Act, 1971 came to be invoked by filing the present Miscellaneous Civil Application:
"12. In that view of the matter, in our view, the learned Single Judge Page 1 of 4 Downloaded on : Fri Feb 10 20:45:47 IST 2023 C/MCA/765/2022 ORDER DATED: 08/02/2023 has misread para 16 of K.T.Veeraple's judgement (supra) since in earlier writ petitions filed by the same employees other learned Single Judge has observed that they are entitled for all the benefits. In our view, the learned Single Judge has committed error in observing para 13 of the judgement that they will not be entitled in view of para 16 of the K.T. Veeraple's judgement. Even otherwise, in view of the observations made in reported decision i.e. in Arvindkumar Srivastava (supra), the appellants will be entitled for the same benefits.
13. In view of the aforesaid facts and circumstances of the case, we are of the opinion that 221 employees will be treated equally and they are entitled for all benefits, which were granted in favour of other employees without any further delay. We hope that the Government will graciously accept the judgement and will grant benefits in favour of the employees within a period of six months from the date of receipt of this order. Subject to out come of SLP preferred by the State Government, two benefits i.e. Transport Allowance and Public Holidays will also given to these employees."
2. The record reflects that against the aforesaid judgment, review application was filed which came to be dismissed on 4th September 2018.
3. The Reviewing Bench held and directed thus:
"9. The Court is of the view that the delay occurred in preferring the Review Applications, in these peculiar facts and circumstances of the case, deserves to be granted, as otherwise also in light of the Supreme Court's ultimate decision qua the substantive challenge to the admissibility of the benefit, as recorded by learned single Judge in its order dated 14.10.2011 being upheld, we are of the view that the findings recorded by the Division Bench in its order dated 09.03.2015 needs no reviewing as the principle based whereupon the equality is accepted between the two groups by the Division Bench does not call for any review, as no error, much less, any error upon the record is pointed out. Therefore, the Court is of the view that the Review Applications failed and they are hereby dismissed.
10. At this stage, the learned counsel for the respondents - workmen have been awaiting for the benefit of four decades and the applicants Page 2 of 4 Downloaded on : Fri Feb 10 20:45:47 IST 2023 C/MCA/765/2022 ORDER DATED: 08/02/2023 be directed to abide by the direction of Supreme Court qua this matter also. We are of the view that 121 employees are ordered by the Division Bench to be treated at par that the other group shall also receive the benefit as directed by the Supreme Court within a period of six months from today.
Office is directed to keep the copy of this order in each matter."
4. Today, when the present Miscellaneous Civil Application came up for consideration, learned Assistant Government Pleader Ms. Shruti Dhruv produced copy of communication dated 4 th February 2023 received by her from the Superintending Engineer, Surat (Road and Building Division) Circle, Surat. The copy thereof is taken on record. It was stated in the said communication that the Special Leave to Appeal is filed before the Supreme Court.
5. Learned Assistant Government Pleader Ms. Shruti Dhruv stated after taking instructions from Mr. S. R. Patel, Executive Engineer, Surat (Road and Building Division) Circle, Surat, who is stated to be present in the Court that compliance will be made within fifteen days from today. She further stated that payment which would be made pursuant to the directions of the Division Bench of this Court shall be subject to the outcome of Special Leave to Appeal which is filed.
6. The above development satisfies learned Senior Advocate Mr. Shalin Mehta assisted by Ms. Shikha Panchal for the applicants. Page 3 of 4 Downloaded on : Fri Feb 10 20:45:47 IST 2023
C/MCA/765/2022 ORDER DATED: 08/02/2023
7. In view of above statement, the present proceedings are closed.
Liberty to revive the proceedings is reserved in the event if need arises.
(N.V.ANJARIA, J) (NIRAL R. MEHTA,J) CHANDRESH Page 4 of 4 Downloaded on : Fri Feb 10 20:45:47 IST 2023