Gujarat High Court
Gujarat State Road Transport ... vs Nitinbhai M Parekh on 17 January, 2022
Bench: Niral R. Mehta
C/LPA/1304/2008 ORDER DATED: 17/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1304 of 2008
In R/SPECIAL CIVIL APPLICATION NO. 3111 of 2008
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GUJARAT STATE ROAD TRANSPORT CORPORATION
Versus
NITINBHAI M PAREKH
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Appearance:
MR HARDIK C RAWAL(719) for the Appellant(s) No. 1
for the Respondent(s) No. 1.1,1.2
MR TR MISHRA(483) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 17/01/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1. Feeling aggrieved and dissatisfied by the
judgment and order dated 04.7.2008 passed by the
learned Single Judge in writ petition being SCA No.
3111 of 2008, the appellant has preferred this intra
court appeal under clause 15 of the Letters Patent.
2. Heard Mr. Hardik C. Rawal, learned advocate for
the appellant and Mr. U.T. Mishra for respondent.
3. Suffice it to note that the appellant had
challenged the order dated 25.09.2007 passed by the
Industrial Tribunal, Ahmedabad in Approval
Application (IT) No. 339 of 2005 mainly on the ground
of principles of natural justice. The learned Single
Judge by the impugned judgment and order, after
examining the reasoned order passed by the Industrial
C/LPA/1304/2008 ORDER DATED: 17/01/2022
Tribunal, Ahmedabad and also relying upon the
judgment of this Court in SCA No.8737 of 2008 dated
30.06.2008, was pleased to dismiss the petition
against which the present appeal was filed.
4. By an order dated 26.06.2013, the coordinate
bench of this Court was pleased to dismiss this
appeal on the ground that the appeal under clause 15
of the Letters Patent is not maintainable relying
upon the decision of the Division Bench of this Court
in Revaben Wd/o Motibhai vs. V.P. Patel reported in
2013(1) GLH 440. The appellant challenged the said
order before the Apex Court and the Apex Court by
judgment and order dated 01.09.2015 passed in Civil
Appeal No. 6788 of 2015 and allied appeals, was
pleased to allow the appeals and remit back the
appeals for its hearing on merits. At this juncture,
it would be appropriate to note that while the Civil
Appeal was pending before the Hon'ble Apex Court, the
respondent herein preferred application for contempt
being Misc. Civil Application (for contempt) No. 2639
of 2013, which came to be dismissed by the coordinate
bench of this Court vide order dated 06.02.2014
wherein it is inter alia provided as under -
"[6] In view of the aforesaid, we dispose of the
present application by permitting the applicant
to withdraw the amount of Rs.1,62,657/- [Rupees
One Lakh Sixty Two Thousand Six Hundred Fifty
Seven Only] which the respondent has deposited
with the Registry of this Court in compliance
with the order dated 19.12.2013 passed by the
Division Bench of this Court in the present
proceedings. The aforesaid amount of
Rs.1,62,657/- [Rupees One Lakh Sixty Two
C/LPA/1304/2008 ORDER DATED: 17/01/2022
Thousand Six Hundred Fifty Seven Only] shall be
paid to the applicant by Account Payee Cheque
within a period of one week from today on proper
identification and verification. The balance
amount of Rs.5,00,000/- [Rupees Five Lakhs Only]
be invested by the Registry in fixed deposit in
any Nationalized Bank initially for a period of
one year and parties to be governed by the order
that may be passed by the Honble Supreme Court
in the Special Leave Petition. If the aforesaid
Special Leave Petition is not decided within a
period of one year, in that case, the aforesaid
fixed deposit shall be renewed from time to
time. The aforesaid amount of Rs.1,62,657/-
shall be paid to the applicant subject to an
ultimate outcome of the Special Leave Petition
pending before the Honble Supreme Court."
5. The record indicates that as per the said
direction, the appellant deposited an amount of Rs.
6,62,657/- with the Registry of this Court on
30.01.2014. The record further indicates that out of
the said amount, as per the order dated 06.02.2014,
the respondent has been paid an amount of Rs.
1,62,657/- on 21.03.2014 by Account Payee Cheque.
Mr. U.T. Mishra, learned advocate appearing for the
respondent admitted that the said amount is received
in 2014.
6. During the course of hearing, it was pointed out
by learned counsel appearing for the parties that
pending the appeal, the original respondent workman
Shri Nitinbhai Mangaldas Parekh expired and hence,
wife and son have been brought on record. The facts
therefore reveal that there is no question of any
inquiry or reinstatement now. As rightly pointed out
by learned advocates appearing for both the sides,
C/LPA/1304/2008 ORDER DATED: 17/01/2022
the interest of justice would be served if the
respondents as legal heirs of the original respondent
workman is paid further amount out of the amount,
which is deposited by the appellant Gujarat State
Road Transport Corporation. As per the report called
for by this Court, it reveals that an amount of Rs.
7,52,786/- is lying in the FDR along with accrued
interest. In peculiar facts and circumstances of
this case, we deem it proper to direct the Registry
to pay further amount of Rs. 4,50,000/- to the
Respondents by way of account Payee Cheque in the
name of Minaben Ashokbhai Parekh, respondent no.1/1,
who happens to be the wife of the original
respondent. Rest of the amount of Rs.3,02,786/- be
remitted back to the appellant Corporation by way of
an Account Payee Cheque. This order is passed in
peculiar facts and circumstances of this case. The
appeal stands disposed of accordingly. However,
there shall be no order as to costs.
(R.M.CHHAYA,J)
(NIRAL R. MEHTA,J)
BIJOY B. PILLAI
