Mahuva Nagarpalika vs Babubhai Bhanabhai C/O ...
2023 Latest Caselaw 2838 Guj

     C/SCA/11744/2009                                 ORDER DATED: 10/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 11744 of 2009
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                    MAHUVA NAGARPALIKA
                            Versus
      BABUBHAI BHANABHAI C/O SAURASHTRA SHRAMIK SANGH
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Appearance:
THAKKAR AND PAHWA ADVOCATES(1357) for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                              Date : 10/04/2023
                               ORAL ORDER

1. The learned counsel for the petitioner - Nagarpalika submits that pursuant to the impugned judgment and award dated 21.04.2009, the respondent-workman Babubhai Bhanabhai has since expired on 09.11.2012. Thereafter, the legal heirs i.e. the widow and the children of the deceased-workman Babubhai Bhanabhai had preferred a Recovery Application No.31 of 2006, wherein, the Industrial Tribunal had directed the petitioner - Nagarpalika to pay Rs.503,104/- to Jivuben widow of the deceased - Babubhai Bhanabhai. Accordingly, on 21.08.2018, the Nagarpalika has paid the said amount to the widow who has acknowledge the receipt of payment. She submits that despite the notice being served in the present proceeding, none of the legal heirs of the deceased

- Babubhai Bhanabhai are appearing.

C/SCA/11744/2009 ORDER DATED: 10/04/2023

2. In the present case, the award was for regularization as well as for payment of arrears as submitted by the learned counsel the arrears have been paid on 21.08.2018, no body appears for the respondents. The Respondent workman has admittedly expired on 09.11.2012.

3. In view thereof the present Special Civil Application stands abated and disposed of accordingly.

(ANIRUDDHA P. MAYEE, J.)

Manoj Kumar Rai