Gujarat High Court
Executive Engineer, Road And ... vs Bhanuben Tapubhai Makwana on 8 December, 2022
Bench: A.S. Supehia
C/SCA/678/2021 ORDER DATED: 08/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 678 of 2021
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EXECUTIVE ENGINEER, ROAD AND BUILDING DEPARTMENT
Versus
BHANUBEN TAPUBHAI MAKWANA
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Appearance:
MR ADITYA S PATHAK, AGP for the Petitioner(s) No. 1,2
KHUSHBU D CHHAYA(8093) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 08/12/2022
ORAL ORDER
1. Learned AGP for the petitioner-State has
submitted that the impugned order requires to be
set aside, as the same is not passed by
appreciating the correct facts and law. He has
submitted that the respondent being a workman is
not entitled to the amount of Leave Encashment
and the Labour Court has fallen in error in
granting the same.
2. At the outset, Ms.Khushbu Chhaya, learned
advocate for the respondent has submitted that
the issue is squarely covered by the various
decisions of this Court, which has confirmed by
the Apex Court. She has placed reliance on the
order dated 01.09.2022 passed in Special Leave to
Appeal (Civil) No.7229 of 2022.
3. In present petition, the petitioner-State
Authority has assailed the judgment and order
C/SCA/678/2021 ORDER DATED: 08/12/2022
14.08.2019 passed in Recovery Application No.139
of 2018, wherein and whereby the Labour Court has
ordered to grant the benefits of Leave Encashment
of Rs.2,21,500/- along with interest at the rate
of 6% per-annum. The issue with regard to the
grant of Leave Encashment to the persons
similarly situated to the present respondent
i.e. workman is no more res integra.
4. The Apex Court in the identical set of facts
and issue has held thus:-
" Delay condoned.
In view of the Resolution No.
W.C.E.-1588-(5)/(2)/G.2 dated 17-10-1988, the
respondent employees are entitled to retirement
benefits, gratuity, provident fund etc. In
addition, they are entitled to two yearly
optional leaves in total of 14 casual leaves, 30
days of earned leave and 20 days half pay leaves,
as well as holiday on Sunday and during the
national holidays/occasions.
In view of the aforesaid position, we do not find
any good ground and reason to interfere with the
directions given by the High Court to pay leave
encashments on the retirement of the employees,
as the same would pertain to encashment of the
unused earned leaves. The payment is also in the
nature of retirement 5 benefits.
However, it is clarified that the aforesaid
directions would not be treated as granting the
respondents a status of permanent or regular
employees.
Recording the aforesaid, the special leave
petitions are dismissed.
C/SCA/678/2021 ORDER DATED: 08/12/2022
Pending application(s), if any, stand disposed
of. "
5. While confirming the judgments and orders
passed by this Court with regard to payment of
leave encashment to the employees and workmen,
the Apex Court by the aforementioned directions
has dismissed the SLPs filed by the State
Government.
6. Hence, the present writ petition stands
rejected. Notice is discharged.
Sd/-
(A. S. SUPEHIA, J)
NVMEWADA
