Gujarat High Court
State Of Gujarat vs Parvatiben Shivabhai Nandasiya on 18 April, 2023
Bench: Mauna M. Bhatt
C/SCA/5606/2021 ORDER DATED: 18/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5606 of 2021
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 5606 of 2021
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STATE OF GUJARAT
Versus
PARVATIBEN SHIVABHAI NANDASIYA
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Appearance:
MS JYOTI BHATT, AGP for the Petitioner(s) No. 1
JEET Y RAJYAGURU(8039) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 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 02.04.2019, passed by learned Labour Court,
Rajkot in Recovery Application No.22 of 2013, wherein learned
Labour Court directed the payment of Rs.64,800/- towards
leave encashment with cost of Rs.1,000/- 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 16.06.1980 and on attaining the
age of superannuation, he retired on 31.07.2007. Respondent
was paid benefits as per Government Resolution dated
17.10.1988 like Gratuity, Pension and GPF, however, he was
C/SCA/5606/2021 ORDER DATED: 18/04/2023
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 02.04.2019
allowed his application and directed the petitioner herein -
State to pay an amount of Rs.64,800/- with cost of Rs.1,000/-
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 02.04.2019, the present
petition is filed by the petitioner- State.
4. At the outset, learned Assistant Government Pleader Ms.
Jyoti Bhatt 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.
5. This Court, vide order dated 24.06.2021, granted conditional
interim relief that, once the petitioner deposits the amount as
ordered by the Labour Court before this Court within a period
of 4 weeks from the date of order, the execution and
implementation of the order dated 02.04.2019 of Labour Court,
is stayed. It is further directed that once such deposit being
made it shall be invested in cumulative fixed deposit in any
C/SCA/5606/2021 ORDER DATED: 18/04/2023
Nationalized Bank initially for a period of 1 year and thereafter
be renewed from time to time till final disposal of the petition.
5.1 Learned Assistant Government Pleader submitted that
the Demand Draft bearing No. 725501 dated 30.01.2023 of
Rs.64,800/- towards leave encashment and Demand Draft
bearing No. 725575 dated 06.02.2023 of Rs.1,000/- towards
costs in favour of Registrar General, High Court of Gujarat is
ready and will be presented before the Registrar General of
this Court immediately.
6. Considering the submissions, let the Demand Drafts be
presented to the Registrar General of this Court and once the
same is presented, the Registrar General is directed to
disburse the amount in favour of the present petitioner after
due verification.
7. In view of the above, the petition is dismissed and
disposed of accordingly.
8. In view of the disposal of the main matter, Civil
Application would not survive.
(MAUNA M. BHATT,J)
SHRIJIT PILLAI
