Gujarat High Court
Dipakkumar Jayantibhai Makwana vs Prakashbhai H. Patel on 6 April, 2021
Bench: Sonia Gokani, Gita Gopi
C/MCA/381/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 381 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 5603 of 2019
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DIPAKKUMAR JAYANTIBHAI MAKWANA
Versus
PRAKASHBHAI H. PATEL
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Appearance:
MR. SHALIN MEHTA, LD. SR. ADV. with MS. ADITI S RAOL(8128) for the
Applicant(s) No. 1
MS VRUNDA SHAH, ASST. GOVERNMENT PLEADER(1) for the
Opponent(s) No. 1,2
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 06/04/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This is an application preferred for initiating the
proceedings of civil contempt against the opponents for alleged,
willful and deliberate noncompliance of the order dated
11.07.2019 passed in Special Civil Application No. 5603 of 2019.
2. This Court at the time of issuance of notice on 27.07.2020
passed the following order: -
"1. Leave to amend cause-title and to ADD / JOIN
Director, Employment & Training, Dr. Jivraj Mehta
Bhavan, Gandhinagar, as a party opponent.
2. By way of this application under article 225 of
C/MCA/381/2020 ORDER
the Constitution of India, read with the Contempt of
Courts Act, 1971, this application has been
preferred, seeking the following reliefs:
"16. ...
(A) Your Lordships may be pleased to initiate
proceedings of civil contempt against the
opponent authority herein for his willful and
deliberate non-compliance of the oral judgment
dated 11.07.2019 passed in Special Civil
Application No. 5603 of 2019;
(B) Your Lordships may be pleased to punish
the opponent authority after framing the charge
to that effect for committing civil contempt;
(C) Your Lordships may be pleased to direct
the opponent authority to purge himself of the
civil contempt committed by him by
implementing the the oral judgment dated
11.07.2019 passed in Special Civil Application
No. 5603 of 2019;
(D) Pending admission and final hearing of
the present application, Your Lordships may be
pleased to direct the opponent authority to
comply with the directions contained in the oral
judgment dated 11.07.2019 passed in Special
Civil Application No. 5603 of 2019; and
(E) ..."
3. We have heard the learned Sr. Advocate, Mr.
Shalin Mehta, appearing with learned Advocate, Ms.
Aditi Raol. According to him, after moving of this
application, the applicant has been reinstated on
22.07.2020. However, the Court, since, has granted
continuity of service with 25% back-wages, re-
fixation of his pay shall have to be done at the end of
the opponents.
4. NOTICE, returnable on 10TH AUGUST, 2020.
Learned AGP, Mr.Kanara, waives service of notice for
respondent Nos. 1 and 2.
5. On the returnable date, either the
C/MCA/381/2020 ORDER
COMPLIANCE shall be made of the order of this
Court or affidavit-in-reply of any one of the two
opponents, with an advance copy to the other side,
shall be filed."
3. Various orders came to be passed. Worthwhile it would be
to refer to the order of this Court dated 25.08.2020.
"1. Pursuant to the order of this Court, Dated:
10.08.2020, affidavit-in-reply is filed for and on
behalf of the concerned respondent, i.e. Principal, ITI,
Visnagar, who has tendered an unconditional
apology and has urged that there was no willful
disobedience of the order of this Court and the
applicant has been paid 25% back wages, as directed
by this Court.
2. The Labour and Employment Department, vide
letter dated 23.06.2020, had also communicated the
order passed by this Court to be complied with.
Further, the Director, Labour & Employment
Department, vide his letter dated 07.04.2020,
informed the respondent-Institute to implement the
order and the institute, vide letter dated 17.07.2020,
had asked the applicant to join the services, as per
the order of this Court and in response to the same,
the applicant also has remained present on
22.07.2020 and he also has been given the back
wages to the tune of Rs.59,979/- so also costs of
Rs.5,000/-.
2. The attention of this Court is drawn to the
order dated 30.07.2020, passed by the Institute,
wherein, the pay of the applicant is fixed at
Rs.1500/- per month as honorarium.
3. This is strongly objected to by the learned Sr.
Advocate, Mr. Mehta, appearing with learned
Advocate, Ms. Raol. He has urged that there is no
question of payment of honorarium, because the
applicant is a regular employee in Class-IV cadre,
where, the Court has directed the fixing of his pay
with continuity of service, and therefore, the
C/MCA/381/2020 ORDER
respondent-authorities ought to have accordingly
fixed the same and if, nothing could have been done,
then, at least, minimum wages ought to have been
granted. Instead, what is given here to the applicant
is honorarium of Rs.1500/-, which is unacceptable.
He, therefore, urged that to that extent, the Court
may continue the proceedings of contempt against
the erring officer.
4. Learned AGP, Ms. Tripathi, requires three days'
time to inquire from the officer concerned.
5. S.O. to 31ST AUGUST, 2020."
4. Today, we have heard learned senior advocate Mr. Shalin
Mehta appearing with learned advocate Ms. Aditi Raol for the
applicant and learned Assistant Government Pleader Ms. Vrunda
Shah for the opponent - State Authority.
5. It is fairly submitted by learned senior advocate Mr. Mehta
that the compliance has been done to a large extent. He further
has pointed out from the further affidavit filed on behalf of the
respondent no.1 which indicates that the minimum wages has
started from the month of November, 2020, in fact, according to
him, the order of the learned Single Judge is of July, 2019 and
though there is no time period stipulated, even if the reasonable
time is considered as 90 days of preferring the appeal, the
minimum wages should be started from October, 2019.
6. Learned AGP Ms. Shah has submitted that at the instance
C/MCA/381/2020 ORDER
of this Court, the minimum wages has started from November,
2020 otherwise, there is no explicit giving of minimum wages.
7. In rejoinder, learned senior advocate Mr. Mehta has urged
that it is a constitutional right of every employee to get the
minimum wages.
8. Since there is a substantial compliance on the part of the
State, noticing this grant of minimum wages from November,
2020 when in fact his reinstatement is from 17.07.2020, from
the date on which the reinstatement has been implemented, let
the minimum wages be paid to the applicant. The same shall be
done in four weeks' time.
9. Nothing further remains to be complied with, hence, the
present application stands disposed of. Notice is discharged.
(SONIA GOKANI, J)
(GITA GOPI,J)
Bhoomi
