Mansafkhan Punjamiya Shaikh vs State Of Gujarat

                                                                                          NEUTRAL CITATION




     C/SCA/13439/2014                                      ORDER DATED: 26/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 13439 of 2014

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                        MANSAFKHAN PUNJAMIYA SHAIKH

                                     Versus

                         STATE OF GUJARAT & 2 other(s)
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Appearance:
MR JA ADESHRA(107) for the Petitioner(s) No. 1
MR MANOHAR RAHEVAR, AGP for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                               Date : 26/09/2023

                                 ORAL ORDER

1. The present petition is filed by the petitioner-workman with the following prayers.

"7(A) This Hon'ble Court be pleased to issue appropriate writ, order or direction by ordering/ directing the respondents to forthwith (1) treat the petitioner with continuity of service as per judgment and award dated 09.12.2010 passed by the Hon'ble Labour Court, Mehsana in Reference (LCM) No. 6 of 2010 (Old No. 182 of 2010) which is confirmed by this Hon'ble Court vide oral order dated 39.09.2011 passed in SCA No. 14016 of 2011 (2) Fix the pay of the petitioner as on date by treating him with continuity in service (3) Grant regular pay scale to the petitioner with effect from the date of completion of 7 years of service and pay to him the amount of arrears of salary/ wages and pay to the petitioner all consequential benefits.

NEUTRAL CITATION C/SCA/13439/2014 ORDER DATED: 26/09/2023 undefined (B) Pending admission hearing and final disposal of this petition, this Hon'ble Court be pleased to order / direct the respondents to treat the petitioner with continuity in service as per judgment and award dated 09.12.2010 passed by the Hon'ble Labour Court, Mehsana in Reference (LCM) No. 6 of 2010 (Old No. 182 of 2010) which is confirmed by this Hon'ble Court vide oral order dated 39.09.2011 passed in SCA No. 14016 of 2011 (2) Fix the pay of the petitioner as on date by treating him with continuity in service.

(C) Pending admission hearing and final disposal of this petition, this Hon'ble Court be pleased to order / direct the respondents to grant regular pay scale to the petitioner with effect from the date of completion of 7 years of service."

2. As per order dated 04.09.2023, learned Assistant Government Pleader Mr. Manohar Rahevar for the respondent has submitted that the dispute regarding the leave encashment amount of Rs. 3,80,560/- has been complied with and the cheque has been given to the workman and receipt has also been received from him. This fact has been asserted by the workman, who is present before this Court. As such the amount which was left over in this petition are complied with.

3. Learned advocate Mr. J.A. Adeshra for the petitioner submits that after considering the continuity of the service of the workman, the pay has been revised and according to revised pay in the month of August, as per his pay slip, a revised amount of gratuity is to be ascertained, the salary has been revised on 18.09.2023, which is the revision of his pay after the retirement giving him continuity of the service and Page 2 of 4 Downloaded on : Tue Oct 03 20:31:07 IST 2023 NEUTRAL CITATION C/SCA/13439/2014 ORDER DATED: 26/09/2023 undefined other benefits. It is also submitted that according to this revised pay scale, the petitioner is entitled for getting new gratuity amount.

4. Heard learned advocates for the parties. The present petition is disposed of with a direction that the petitioner is hereby directed to file a representation with the revised last pay certificate before the Authority. The concerned authority shall consider the last pay certificate and re-calculate and decide the gratuity amount on the revised pay within a period of four weeks.

4.1 In case any adverse order is passed by the Government, the petitioner is at liberty to file the proceedings before the Controlling Authority for getting gratuity according to revised pay scale. It is also clarified that according to the revised pay scale, as per new salary certificate or pay slip, if the authority comes to a calculation of revised gratuity amount, which is acceptable to the workman that amount shall be paid to the workman directly in his account or by cheque and receipt may be taken.

4.2 At the time of deciding the representation within the stipulated time, the amount if agreed by the Government, which is undisputed by the workman regarding the gratuity, shall be paid, if possible, within a period of three weeks. The question regarding the pension is concerned, that is upto the workman to urge before the competent forum or authority or any Court.

NEUTRAL CITATION C/SCA/13439/2014 ORDER DATED: 26/09/2023 undefined

5. With the above observations, the present petition is disposed of. Rule is made absolute to the aforesaid extent.

(RAJENDRA M. SAREEN,J) SALIM/ Page 4 of 4 Downloaded on : Tue Oct 03 20:31:07 IST 2023