State Of Gujarat vs Jiviben Ravjibhai Sandpa
2023 Latest Caselaw 2864 Guj

      C/SCA/13355/2022                                  ORDER DATED: 11/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 13355 of 2022

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                             STATE OF GUJARAT
                                   Versus
                         JIVIBEN RAVJIBHAI SANDPA
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Appearance:
MS JYOTI BHATT ASST. GOVERNMENT PLEADER for the Petitioner(s)
No. 1
NOTICE SERVED for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                  Date : 11/04/2023

                                    ORAL ORDER

1. State has filed this petition challenging the judgment and order dated 9.12.2021, passed by learned Labour Court, Rajkot in Recovery Application No.19 of 2016, wherein learned Labour Court directed the payment of Rs.1,79,674/- towards leave encashment with cost of Rs.5,000/- to be paid to the respondent No.1 herein within 30 days from the date of order.

2. Brief facts are as under:

Respondent herein joined services as a laborer with Road and Building Department on 16.4.1974 and on attaining the age of superannuation, he retired on 31.3.2014. Respondent was paid benefits as per Government Resolution dated

C/SCA/13355/2022 ORDER DATED: 11/04/2023

17.10.1988 like Gratuity, Pension and GPF, however, he was not paid amount towards leave encashment for 300 leave. Aggrieved by the same, respondent had filed an application under section 33C(2) of the Industrial Dispute Act, 1947 before learned Labour Court, Rajkot for the payment of leave encashment. Labour Court, Rajkot vide order dated 9.12.2021 allowed his application and directed the petitioner herein - State to pay an amount of Rs.1,79,674/- with cost of Rs.5,000/- to be paid to respondent No.1 herein within 30 days from the date of order, towards leave encashment.

3. Aggrieved by the order dated 9.12.2021, the present petition is filed by the petitioner- State.

4. At the outset, learned Assistant Government Pleader Mr.Sahil Trivedi for the petitioner-State, fairly submitted that now the issue in relation to payment towards leave encashment, has been settled by the Hon'ble Supreme Court under order dated 01.09.2022 rendered in Special Leave Petition (Civil) No.7229 of 2022. Moreover, pursuant to the decision of the Hon'ble Supreme Court, Government Resolution dated 07.10.2022 has been issued by the State for implementing the judgment of the Hon'ble Supreme Court. He further submitted that an amount of Rs.1,89,131/- towards leave encashment of 300 days, has been paid to the respondent

C/SCA/13355/2022 ORDER DATED: 11/04/2023

vide cheque No.726321 dated 08.02.2023. A copy of the cheque payment, is taken on the record.

4.1. Learned AGP further submits that the Government may not be fasten with cost, since the payment as directed by Labour Court has been made to the respondent No.1. He prayed to set aside the order of Labour Court only for the payment of cost of Rs.5,000/-.

5. Considering the submission, the order dated 9.12.2021 for payment of cost imposed by the Labour Court is quashed and set aside. Moreover, it is also noticed that respondent No.1 has accepted the cheque without prejudice.

6. In view of the above position, the present petition is dismissed and disposed of accordingly.

(MAUNA M. BHATT,J) NAIR SMITA V.