Executive Engineer, Road And Building ... vs Bhovanbhai Lakhabhai Makwana
2023 Latest Caselaw 8408 Guj

Gujarat High Court

Executive Engineer, Road And Building ... vs Bhovanbhai Lakhabhai Makwana on 5 December, 2023

                                                                                    NEUTRAL CITATION




       C/SCA/1506/2021                             ORDER DATED: 05/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 1506 of 2021

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        EXECUTIVE ENGINEER, ROAD AND BUILDING DEPARTMENT
                              Versus
                 BHOVANBHAI LAKHABHAI MAKWANA
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Appearance:
MS SUMAN MOTLA ASST. GOVERNMENT PLEADER for the Petitioner(s)
No. 1,2
MS KHUSHBU D CHHAYA(8093) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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     CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                              Date : 05/12/2023

                                ORAL ORDER

1. State has filed this petition challenging the judgment and order dated 14.08.2019, of learned Labour Court, Rajkot in Recovery Application No.141 of 2018, wherein learned Labour Court directed payment of Rs.2,04,980/- to respondent- workman towards leave encashment with 6% simple interest.

2. Brief facts are as under:

Respondent herein joined services as a laborer with Roads and Building Department on 16.04.1982 and attained the age of superannuation on 31.12.2015. Respondent was paid benefits as per Government Resolution dated 17.10.1988 like Gratuity,

NEUTRAL CITATION

C/SCA/1506/2021 ORDER DATED: 05/12/2023

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Pension and GPF, however, was not paid amount towards 300 days leave. Aggrieved by non-payment of leave encashment, respondent filed an application under section 33C(2) of the Industrial Dispute Act, 1947 before learned Labour Court, Rajkot. Labour Court, Rajkot vide order dated 14.08.2019, allowed the application and directed the petitioner-State to pay to the respondent - workman an amount of Rs.2,04,980/- towards leave encashment with 6% of simple interest within 30 days from the date of order.

3. Aggrieved by the order dated 14.08.2019, the present petition is filed.

4. At the outset, learned Assistant Government Pleader Ms.Suman Motla 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. Further, an amount of Rs.2,04,980/- towards leave encashment has been paid to the respondent vide cheque No.726332 dated 08.02.2023. A copy of the cheque payment, is taken on the

NEUTRAL CITATION

C/SCA/1506/2021 ORDER DATED: 05/12/2023

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record.

5. In view of above the grievance of the petitioner for nonpayment of leave encashment does not survive. For the prayer of interest, since the issue attained finality in the year 2019, by the of decision of Hon'ble Supreme Court in the case The State of Gujarat vs. PWD and Forest employees Union & Ors. in Civil Appeal Nos. 1684-1686 of 2019, and the Resolution has been issued in the year 2022, this Court deemed it appropriate not to grant interest as prayed for.

6. The present petition is disposed of accordingly.

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