State Of Gujarat Through Executive ... vs Ramnikbhai Vanmanibhai Sedani
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Gujarat High Court

State Of Gujarat Through Executive ... vs Ramnikbhai Vanmanibhai Sedani on 5 December, 2023

                                                                               NEUTRAL CITATION




       C/SCA/5937/2021                           ORDER DATED: 05/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 5937 of 2021

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            STATE OF GUJARAT THROUGH EXECUTIVE ENGINEER
                               Versus
                   RAMNIKBHAI VANMANIBHAI SEDANI
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Appearance:
MS SURBHI BHATI 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 02.04.2019, of learned Labour Court, Rajkot in Recovery Application No.13 of 2015, wherein, the petitioner was directed to pay Rs.77,477/- to the respondent-workman, towards 300 days 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 01.10.1987 and attained the age of superannuation on 31.07.2009. Respondent was paid benefits as per Government Resolution dated 17.10.1988 however, was

NEUTRAL CITATION

C/SCA/5937/2021 ORDER DATED: 05/12/2023

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not paid amount towards 300 days leave. Aggrieved by the same, respondent filed an application under section 33C (2) of the Industrial Disputes Act 1947 ('the Act' for short) before learned Labour Court, Rajkot. Labour Court, Rajkot vide order dated 02.04.2019 allowed the application and directed the petitioner-State to pay to respondent - workman an amount of Rs.77,477/- towards leave encashment with 6% simple interest within 30 days from the date of order.

3. Aggrieved by the order dated 02.04.2019, the present petition is filed.

4. It is pointed out by learned AGP that the respondent - workman has also preferred 2nd application under Section 33C(1) of the Act registered as Recovery Application No.55 of 2019.

5. At the outset, learned Assistant Government Pleader Ms. Surbhi Bhati 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, 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

NEUTRAL CITATION

C/SCA/5937/2021 ORDER DATED: 05/12/2023

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Hon'ble Supreme Court. For the payment of interest, Learned AGP submitted that payment of interest has not been directed by the Hon'ble Supreme Court.

Further, an amount of Rs.77,477/- towards leave encashment of 300 days, has been paid to the respondent vide cheque No.726188 dated 17.12.2022. A copy of the cheque payment, is taken on the record.

6. 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.

7. The present petition is disposed of accordingly. Interim relief granted earlier stands vacated.

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