Gujarat Forest Produce Gatherers ... vs Arvind K Agrawal
2021 Latest Caselaw 18013 Guj

      C/MCA/1348/2018                              ORDER DATED: 02/12/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 1348 of 2018

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  GUJARAT FOREST PRODUCE GATHERERS AND FOREST WORKERS
                          UNION & 8 other(s)
                               Versus
                    ARVIND K AGRAWAL & 2 other(s)
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Appearance:
MR RAJESH M CHAUHAN(2470) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
for the Opponent(s) No. 2
MR KM ANTANI ASSISTANT GOVERNMENT PLEADER for the Opponent(s)
No. 1,2,3
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     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
                             and
           HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

Date : 02/12/2021

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. This contempt proceedings have been initiated for alleged violation of the order dated 09.01.2018 passed in Special Civil Application No. 22328 of 2017.

2. We have heard Shri Rajesh Chauhan, learned counsel appearing for the complainant and Shri K.M. Antani, learned Assistant Government Pleader appearing for the respondents. The order which is alleged to have been violated reads thus :-

"7. Accordingly, this petition is disposed of by directing the respondents through their contempt authority to examine and consider the case of the petitioners for the purpose of granting benefit available under State Government Resolution dated 17.10.1988, keeping in view the facts and circumstances of the case of the petitioners including the case for considering services continuous by giving benefit of Section 25-B(2) of the Industrial

C/MCA/1348/2018 ORDER DATED: 02/12/2021

Disputes Act by giving benefit of additional of holidays in total period of service, as well as the ratio laid down by the Apex Court in P.W.D. Employees' Union (supra) and also upon taking into account the law laid down in Workmen of American Express International Banking Corporation (supra) and Narsingbhai Dheriyabhai Vasava (supra)."

2. A perusal of the above order would clearly indicate that respondents were directed to examine and consider the case of the petitioner for the purpose of granting benefit available under the State Government Resolution dated 17.10.1988 by keeping in mind the facts and circumstances of the case and the judgments referred to thereunder.

3. On being notified, respondents have appeared, filed their reply affidavit and it is specifically contended thereunder that order dated 27.05.2019 has been passed in due compliance with the order. The said order is produced as Annexure-R1 to the affidavit dated 30.01.2020, which would clearly indicate that direction issued to pass orders by considering the Government Resolution as well as the judgment of the Hon'ble Apex Court has been taken note of and benefit has been extended to three (3) employees and five (5) employees have been denied the benefit, which the learned counsel appearing for the complainant would find fault with. As to whether the finding arrived at by the respondent authority in rejecting the claim of five (5) employees or not would not be in the realm of this Court and by reserving liberty to the petitioner to challenge the same in accordance with law, the contempt proceedings stand dropped.

4. We notice that direction was issued to the respondents to pass an order within four months from the date of receipt of the order, however, no explanation is offered for the delay and there has been a delay of one

C/MCA/1348/2018 ORDER DATED: 02/12/2021

year and four months. The affidavit of the compliance does not even remotely suggest as to when the copy of the order was received by them and when it was procured. There is no cause shown for delay or reasons forthcoming as to why the order was not implemented for one year four months. It is because of this inordinate delay, the complainant has been perforce to approach this Court and as such he requires to be suitably compensated by directing the State to pay cost of Rs.10,000/- (Rupees Ten Thousand Only) to the complainant and we reserve liberty to the State to recover the said amount from the deponent, namely Shri U.D. Singh. Additional Principal Chief Conservator of Forest, in accordance with law, if they so desire. The said amount shall be paid within four weeks from today, failing which, Registry shall issue a certificate in favour of the petitioner so as to enable them to recover the same from the State as arrears of land revenue. It is made clear that the petitioner will be at liberty to challenge the order dated 27.05.2019, Annexure-R1 in accordance with law.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) phalguni