Gujarat High Court
Kanabhai Khumabhai Baria vs District Rural Development ... on 21 December, 2021
Bench: A.S. Supehia
C/SCA/3651/2020 ORDER DATED: 21/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3651 of 2020
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KANABHAI KHUMABHAI BARIA
Versus
DISTRICT RURAL DEVELOPMENT AGENCY
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Appearance:
MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1
MR.HARDIK D. MEHTA, AGP for the Respondent(s) No. 3,4
MR HS MUNSHAW(495) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 21/12/2021
ORAL ORDER
[1] Rule. Learned advocates for the respondents
waive service of notice of rule on behalf of the
respective respondents.
[2] Pursuant to the order dated 17.12.2021, the
learned AGP has forwarded a communication dated
20.12.2021, the same is ordered to be taken on
record. In the communication it is stated that
the directions issued by this Court shall be
complied within a period of six weeks and
necessary verification will be done.
[3] By the present writ petition, the petitioner
is seeking benefits of the Government Resolution
dated 17.10.1988. As the facts mentioned in the
petition reveal that the petitioner though has
been working continuously since 1985, is not
extended benefits of the Government Resolution
dated 17.10.1988, since the award dated
15.01.2018 has been the subject matter of
C/SCA/3651/2020 ORDER DATED: 21/12/2021
challenge before this Court. By the award dated
15.01.2018 passed in the Reference (D) No.33 of
1999, the Labour Court, Godhra, has directed the
respondent to confer the benefits of the
Government Resolution dated 17.10.1988 to the
petitioner w.e.f. 16.07.1985. The said award was
the subject matter of challenge before this Court
by filing Special Civil Application No.13798 of
2018, which was filed by the State authority,
whereas Special Civil Application No.3407 of 2019
was filed by the present petitioner claiming
consequential benefits with arrears. By the
judgment and order dated 20.06.2019, this Court
has rejected the writ petition filed by the State
authority i.e Special Civil Application No.13798
of 2018. So far as the writ petition filed by the
present petitioner being Special Civil
Application No.3407 of 2019 is concerned, it was
observed that the petitioner workman will be
entitled to all the consequential benefits and
arrears as per the the Government Resolution
dated 17.10.1988. The Letters Patent Appeal No.
734 of 2021 filed by the State authority was
dismissed by the judgment and order dated
17.09.2021. Thus, as on today, the directions
issued by the the Labour Court as well as
modified by the Coordinate Bench vide judgment
dated 20.06.2019 stand confirmed. The
communication dated 20.12.2021, which is order to
C/SCA/3651/2020 ORDER DATED: 21/12/2021
be taken on record only refers to verification
process, which is to be completed within a period
of six weeks, however, there is no whisper with
regard to grant of benefits as ordered by this
Court as well as the the Labour Court. Once the
Letters Patent Appeal has been dismissed vide
judgment and order dated 17.09.2021 and
directions issued by the Coordinate Bench are
confirmed, the respondent cannot shirk from
extending the benefits of the Government
Resolution dated 17.10.1988.
[4] Thus, the respondents are directed to confer
the benefits of the Government Resolution dated
17.10.1988 within a period of six weeks and also
grant arrears to the petitioner. If the
directions issued by this Court are not complied
within the stipulated time as mentioned
hereinabove, the arrears shall carry interest of
12% per annum, which shall be recovered from the
concerned officer responsible for delay. In case
the aforesaid directions are not complied with,
it will be open for the petitioner to revive the
present petition by filing simple note before the
Registry.
[5] With the aforesaid directions, the present
writ petition is disposed of. Rule is made
absolute to the aforesaid extent.
(A. S. SUPEHIA, J)
NABILA
