Gujarat High Court
Mohbatkhan Jesingji Malek vs State Of Gujarat on 7 December, 2021
Bench: Ashutosh J. Shastri
C/MCA/984/2018 ORDER DATED: 07/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 984 of 2018
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MOHBATKHAN JESINGJI MALEK
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR KM ANTANI, ASST. GOVERNMENT PLEADER for Opponent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 07/12/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. The contempt proceedings have been
initiated for alleged violation of the order passed
in Special Civil Application No.26765 of 2007 dated
23.02.2017.
2. The order which is alleged to have been
willfully disobeyed is to the following effect :
"17. It is to be noted that by virtue of
the order of this court the compliance is
made of grant of the amount as directed to
pay full wages to the respondent pending the
proceedings in this Court. Since no merit is
found in this petition preferred by the
Executive Engineer and in view of the
fulfillment of the directions of paying the
full wages to the workman pending the
proceedings, while dismissing this petition
the petitioner is directed to comply with the
order of the labour court within a period of
C/MCA/984/2018 ORDER DATED: 07/12/2021
four weeks from the date of receipt a copy of
this order.
Ad interim relief, if any, stands vacated.
Petition is dismissed and disposed of
accordingly."
3. Against the judgment and award passed by
the Labour Court in L.C.S. No.43 of 1996 dated
24.05.2007, State filed Special Civil Application
No.26765 of 2007, under which award the respondent
was directed to reinstate the complainant without
backwages.
4. During the pendency of the proceedings
before the learned Single Judge, full wages are said
to have been paid to the workman. It is in this
background learned Single Judge while dismissing the
Special Civil Application filed by the State has
observed that during the pendency of the proceedings,
full wages were paid and as such, directed
reinstatement of the petitioner which had already
been ordered by the Labour Court.
5. The compliance affidavit filed would
clearly indicate that complainant was reinstated into
C/MCA/984/2018 ORDER DATED: 07/12/2021
service vide office order dated 23.01.2020 (Annexure
R-I) to the original post and he has joined the
services with effect from 27.01.2020 as per the
joining report (Annexure R-II) and as such,
continuation of the present contempt proceeding is
not warranted.
6. Hence, we drop the contempt proceedings.
Miscellaneous Civil Application No.984 of 2018 stands
dismissed. Notice discharged.
(ARAVIND KUMAR, CJ)
(ASHUTOSH J. SHASTRI, J)
GAURAV J THAKER
