Gujarat High Court
Ashok Kumar Babulal Pandit vs Parmeshwar Funkwal, Divisional ... on 24 January, 2022
Bench: Ashutosh J. Shastri
C/MCA/385/2021 ORDER DATED: 24/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 385 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 14355 of 2017
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ASHOK KUMAR BABULAL PANDIT
Versus
PARMESHWAR FUNKWAL, DIVISIONAL RAILWAY MANAGER
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Appearance:
MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for the Applicant(s) No. 1
MS ARCHANA U AMIN(2462) for the 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 : 24/01/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. The complainant raised a dispute before the
Central Government Industrial Tribunal cum Labour
Court (CGIT) challenging his order of dismissal and
it has resulted in an award dated 18.10.2016 being
passed in his favour and the order of his removal
from service dated 20.09.1993 was set aside and
contemnor was directed by order dated 19.04.2017
passed in Review Application to reinstate complainant
into service. Said award of CGIT was challenged by
the respondents herein in Special Civil Application
No.14355 of 2017 which resulted in partly being
allowed and the judgment and award dated 18.10.2016
was modified and respondent workman was imposed with
punishment of stoppage of two annual increments with
C/MCA/385/2021 ORDER DATED: 24/01/2022
permanent/future effect and confirmed the judgment
and award in respect of remaining portion. Learned
Single Judge also directed the contemnor to calculate
all retiral benefits which respondent workman is
entitled to get and pay the same within a period of
12 weeks. Pursuant to the same, Railways were
unsuccessful before the appellate Court and on
dismissal of Letters Patent Appeal, an amount of
Rs.86,174/- towards DCRG and Rs.17,938/- towards GIS
was paid through RTGS/NEFT on 12.11.2021. The
Commutation Allowance of Rs.3,54,390/- was paid
through RTGS/NEFT on 15.12.2021 and the provident
fund of Rs.8,920/- on 20.12.2021. By communication
dated 12.11.2021, the respondent - contemnors
forwarded the pension papers of the petitioner for
commencement of pension and as such it is contended
by the contemnors in the reply affidavit dated
17.01.2022 that order of the Labour Court as modified
by the learned Single Judge in Special Civil
Application No.14355 of 2017 has been complied.
2. Mr.Maulik Nanavati, learned counsel
appearing for the complainant would contend that the
computation is improper and the qualifying service
C/MCA/385/2021 ORDER DATED: 24/01/2022
has not been considered properly or in proper
perspective and as such complainant would be entitled
to much more than the amount which has been
quantified and paid. He would also submit that the
very same contention now urged in reply affidavit was
also urged by the contemnors before the learned
Single Judge which has been turned down and as such
contemnors are required to comply the award of Labour
Court in true spirit. In contempt proceedings this
Court would not sit in judgment over the computation
that has been made and in the event of complainant
being aggrieved by such computation as intimated to
the complainant under communications dated 12.11.2021
and 21.12.2021, complainant would be at liberty to
challenge the same including the computation if
aggrieved in the manner known to law.
3. With these observations, this contempt
proceeding stands dropped. Miscellaneous Civil
Application No.385 of 2021 stands dismissed. Notice
discharged.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
GAURAV J THAKER
