Gujarat High Court
Ramanbhai Savabhai Vankar vs Deputy Executive Engineer on 27 June, 2025
NEUTRAL CITATION
C/SCA/7247/2025 JUDGMENT DATED: 27/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7247 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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RAMANBHAI SAVABHAI VANKAR
Versus
DEPUTY EXECUTIVE ENGINEER
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Appearance:
MR PARESH J BRAHMBHATT(9788) for the Petitioner(s) No. 1
MR UM SHASTRI(830) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 27/06/2025
ORAL JUDGMENT
1. This petition is filed with following prayers....
"A. YOUR LORDSHIP may be pleased to Admit and Allow ther petition.
B. YOUR LORDSHIP may be pleased to issue writ of mandamus or any other appropriate writ or direction under articles 226 and 227 of Constitution of India by modifying the impugned judgment and award dated 13-04-2023 passed by the Ld. Labour court, Godhara in Reference (T) No. 96 of 20052 and direct the respondent to pay full back wages and continuity of services along with benefits of G.R.17. 10. 1988 and also pay all available benefits to Petitioner.
C. Grant such other and further relief/s with ther Hon'ble Page 1 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Jun 30 2025 Downloaded on : Mon Jun 30 22:44:30 IST 2025 NEUTRAL CITATION C/SCA/7247/2025 JUDGMENT DATED: 27/06/2025 undefined court may deem fit and proper under the facts and circumstances of the case in the interest of justice."
2. At the outset learned advocate Mr.Shastri has submitted before this Court that after the impugned award was passed, recovery application being Recovery (C-1) Application No.3 of 2023 was filed wherein, settlement has arrived and the petitioner has received the settlement amount of Rs.1,25,000/- and has issued the receipt on 26.07.2023 and on the basis of the said settlement, withdrawal pursis came to be filed below Exh.6 by the petitioner before the learned labour court in the recovery proceedings and therefore, petition is not required to be entertained as such material facts were not disclosed before this Court, while filing the petition.
3. Learned advocate Mr.Brahmbhatt for the petitioner submitted that even if the petitioner has received the amount, he would be entitled for the benefit of GR dated 17.10.1988. It is submitted by the learned advocate Mr.Brahmbhatt that the affidavit was sworn by the petitioner on 09.08.2023 and thereafter, petition was presented before this Court on 19.10.2023 thereafter, Page 2 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Jun 30 2025 Downloaded on : Mon Jun 30 22:44:30 IST 2025 NEUTRAL CITATION C/SCA/7247/2025 JUDGMENT DATED: 27/06/2025 undefined due to non removal of office objection petition came to be dismissed which was restored by this Court, vide order dated 02.05.2025. Learned advocate Mr.Brahmbhatt says that as the petition was filed prior to disposal of the recovery application therefore, said facts were not disclosed before this Court in the memo of petition.
4. Considering the submissions, it is found from the memo of the petition that the petitioner has challenged the order passed by the learned reference court in Reference (T) No.96 of 2002 dated 13.04.2023 by which the learned labour court has awarded the reference in favour of the petitioner by granting lump sum compensation of Rs.1,20,000/-. In the memo of petition, petitioner did not disclose with regard to the filing of the recovery application being Recovery (C-1) Application No.3 of 2023. It is true that the affirmation of the petition was made on 09.08.2023, however, before the said date the petitioner has already received the amount of compensation by accepting the award on 26.07.2023. Withdrawal pursis which is referred by the learned labour court in the order dated 09.09.2023 is filed below Page 3 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Jun 30 2025 Downloaded on : Mon Jun 30 22:44:30 IST 2025 NEUTRAL CITATION C/SCA/7247/2025 JUDGMENT DATED: 27/06/2025 undefined Exh.6 stating that as the amount has been received pursuant to the award passed by this Court, he did not want to pursue the proceedings filed under Recovery (C-
1) No.3 of 2023. Petitioner is now claiming the benefit of GR dated 17.10.1988 which was not the subject matter before the learned labour court hence this Court is of the view that if the petitioner is claiming the said benefits then proper adjudication is required to be done by the learned labour court, however, this court would not be able to examine the claim of the petitioner for getting the benefit under 17.10.1988 as the same is required to be adjudicated after leading the evidence.
5. In view of the above, this Court is of the view that as the petitioner has accepted the amount towards lump sum compensation which was awarded by the learned labour court and same was not disclosed in the memo of petition, this petition does not require to be entertained. Hence, the petition is dismissed.
6. Resultantly, this petition is dismissed.
(M. K. THAKKER,J) NIVYA A. NAIR Page 4 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Mon Jun 30 2025 Downloaded on : Mon Jun 30 22:44:30 IST 2025