State Of Gujarat vs Dalabhai Mangalabhai Bariya
2023 Latest Caselaw 3002 Guj

    C/SCA/14513/2022                                  ORDER DATED: 18/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 14513 of 2022

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                            STATE OF GUJARAT
                                  Versus
                       DALABHAI MANGALABHAI BARIYA
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Appearance:
MR SAHIL TRIVEDI, AGP for the Petitioner(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                             Date : 18/04/2023

                              ORAL ORDER

1. State has filed this petition challenging the judgment and order dated 28.09.2021, passed by learned Labour Court, Dahod in Recovery Application No.146 of 2017, wherein learned Labour Court directed the payment of Rs.1,48,000/- towards leave encashment with cost of Rs.5,001/- 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 01.01.1971 and on attaining the age of superannuation, he retired on 30.04.2012. Respondent 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

C/SCA/14513/2022 ORDER DATED: 18/04/2023

under section 33C(2) of the Industrial Dispute Act, 1947 before learned Labour Court, Dahod for the payment of leave encashment. Labour Court, Dahod vide order dated 28.09.2021 allowed his application and directed the petitioner herein - State to pay an amount of Rs.1,48,000/- with cost of Rs.5,001/- 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 28.09.2021, 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.

4.1 Learned AGP further submits that the Government may not be fasten with cost, since the payment as directed by Labour Court is being made to the respondent No.1. He prayed to set aside the order of Labour Court only for the payment of cost of Rs.5,001/-.

5. Considering the submission, the petitioners are therefore directed to pay the amount of Rs.1,48,000/- towards leave encashement of 300 days leave, if not paid to the respondent

C/SCA/14513/2022 ORDER DATED: 18/04/2023

as expeditiously as possible not beyond the period of 6 weeks from the date of receipt of this order. The order dated 28.09.2021 by the Labour Court qua the aspect of costs is quashed and set aside.

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

(MAUNA M. BHATT,J) SHRIJIT PILLAI