C/SCA/10677/2022 ORDER DATED: 28/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10677 of 2022
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DEPUTY EXECUTIVE ENGINEER
Versus
DECD. KAVABHAI KATHADBHAI JADAV THROUGH L/H AJIBEN
KAVABHAI JADAV
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Appearance:
MR SAHIL TRIVEDI, AGP for the Petitioner(s) No. 1
JEET Y RAJYAGURU(8039) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 28/03/2023
ORAL ORDER
1. State has filed this petition challenging the judgment th and order dated 17 February, 2020, passed by learned Labour Court, Rajkot in Recovery Application No.54 of 2017, wherein the learned Labour Court directed the payment of Rs.1,42,124/- towards leave encashment with 8% simple interest within 30 days from the date of receipt of the order.
2. Brief facts are as under: Respondent herein joined st services as a labourer on 1 June, 1978 in the Roads and Building Department and on attaining the age of st superannuation, he retired on 31 July, 2015. The Page 1 of 3 Downloaded on : Wed Mar 29 20:44:20 IST 2023 C/SCA/10677/2022 ORDER DATED: 28/03/2023 Respondent was paid benefits as per the Government th Resolution dated 17 October, 1988 like Gratuity, Pension and GPFs etc., however, he was not granted the benefit towards leave encashment for 300 leave. He filed an application under Section 33 (C) (2) of the I.D. Act, 1947, before learned Labour Court, Rajkot for recovery of the same. The Labour Court, Rajkot vide order dated th 17 February, 2020, allowed his application and directed the petitioner - State to pay an amount of Rs.1,42,124/- with 8% simple interest within 30 days from the date of receipt of the order th
3. Aggrieved by the order dated 17 February, 2020, the present petition is filed by the petitioner-State.
4. At the outset, learned Assistant Government Pleader Mr.Sahil Trivedi for the petitioner-State, fairly submitted that now the issue in relation to payment towards leave encashment, has been settled by the Hon'ble Supreme st Court under order dated 1 September, 2022 rendered in Special Leave Petition (Civil) No.7229 of 2022. Moreover, pursuant to the decision of the Hon'ble Supreme Court, th Government Resolution dated 7 October, 2022 has been Page 2 of 3 Downloaded on : Wed Mar 29 20:44:20 IST 2023 C/SCA/10677/2022 ORDER DATED: 28/03/2023 issued by the State for implementing the judgment of the Hon'ble Supreme Court.
5. Considering the submission, it is directed that the petitioner shall pay the amount towards the leave encashment of 300 days as directed by the labour Court Rajkot within 30 days from the date of receipt of this order.
6. The petitioner is directed to pay the amount of leave encashment as directed by the labour Court, if not paid.
7. In view of the above position, the present petition is dismissed and disposed of accordingly. Notice is discharged.
(MAUNA M. BHATT,J) KUMAR ALOK Page 3 of 3 Downloaded on : Wed Mar 29 20:44:20 IST 2023