Gujarat High Court
State Of Gujarat vs Ayeshaben Jamalbhai Sipahi on 11 April, 2023
Bench: Mauna M. Bhatt
C/SCA/13272/2022 ORDER DATED: 11/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13272 of 2022
==========================================================
STATE OF GUJARAT
Versus
AYESHABEN JAMALBHAI SIPAHI
==========================================================
Appearance:
MS JYOTI BHATT ASST. GOVERNMENT PLEADER for the Petitioner(s)
No. 1
JEET Y RAJYAGURU(8039) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
==========================================================
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.115 of 2015, wherein learned
Labour Court directed the payment of Rs.1,66,320/- 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 21.1.1976 and on attaining the
age of superannuation, he retired on 31.5.2013. Respondent
C/SCA/13272/2022 ORDER DATED: 11/04/2023
was paid benefits as per Government Resolution dated
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.1,66,320/- 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.1,66,320/- towards
C/SCA/13272/2022 ORDER DATED: 11/04/2023
leave encashment of 300 days, has been paid to the respondent
vide cheque No.726317 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.
