State Of Gujarat vs Rathod Fatheben Amrutsinh

                                                                             NEUTRAL CITATION




     C/CA/1002/2023                          ORDER DATED: 21/09/2023

                                                                              undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/CIVIL APPLICATION NO. 1002 of 2023
             In R/LETTERS PATENT APPEAL NO. 1160 of 2023
                                 With
                  R/CIVIL APPLICATION NO. 1004 of 2023
              In LETTERS PATENT APPEAL NO. 1161 of 2023
==========================================================
                          STATE OF GUJARAT
                                Versus
                      RATHOD FATHEBEN AMRUTSINH
==========================================================
Appearance:
MR SANJAY UDHWANI, AGP and MS SHRUTI DHRUVE, AGP for the
Applicant(s) No. 1,2
for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
          and
          HONOURABLE MR. JUSTICE DEVAN M. DESAI
                       Date : 21/09/2023
                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) While considering the Civil Applications for condonation of delay of 457 days, since the papers of the Letters Patent Appeals were available for perusal, with the help of learned Assistant Government Pleaders, it could be immediately noticed that the issue arising from the judgment and order of learned single Judge stands covered by the decision of the Division Bench of this court in Gujarat Water Supply and Sewerage Board Vs. Hansaben Pramodbhai Patel being Letters Patent Appeal No.934 of 2022, decided on 24.8.2023.

2. The issue is whether the kith and kins of the deceased employee who was a daily wager but extended the benefit of Resolution dated 17.10.1988 would qualify for application of the policy obtained from lump-sum compensation on compassionate basis.

NEUTRAL CITATION C/CA/1002/2023 ORDER DATED: 21/09/2023 undefined

3. The Division Bench in Gujarat Water Supply and Sewerage Board (supra) held that the Resolution dated 5.7.2011 providing for such policy of paying the compensation would apply even in the cases where the deceased employee was daily rated employee securing the benefits of Resolution dated 17.10.1988.

4. In the present case, it could not be disputed by learned Assistant Government Pleaders that the respondent otherwise falls within the four corners of the policy reflected in the Resolution dated 5.7.2011, therefore it is directed that the case of the respondent for granting benefit under Resolution dated 5.7.2011 shall not be discarded only on the ground that the deceased employee was a daily rated workman, provided the claim of the petitioners for such compensation otherwise satisfies the other conditions of the policy.

5. In view of the above factual and legal position obtaining from the record and not disputed, no purpose would be served in condoning the delay. Accordingly, delay is not condoned in both the Civil Applications. The applications for condonation of delay is rejected. Since the condonation is not granted, the Registry shall not register the Letters Patent Appeals and shall dismiss them accordingly.

All other connected Civil Applications will not survive.

(N.V.ANJARIA, J) (D. M. DESAI,J) Manshi Page 2 of 2 Downloaded on : Fri Sep 22 20:42:34 IST 2023