State Of Gujarat vs Virji Naran Maheshwari
2023 Latest Caselaw 644 Guj

    C/SCA/17601/2018                                 ORDER DATED: 23/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 17601 of 2018
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                            STATE OF GUJARAT
                                  Versus
                   VIRJI NARAN MAHESHWARI & 1 other(s)
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Appearance:
MR TEJALBEN RAJPUT AGP for the Petitioner(s) No. 1
MR PH PATHAK(665) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
                  Date : 23/01/2023
                   ORAL ORDER

By way of additional affidavit, following averments have been placed on record :-

"6. It is submitted that the presiding officer Learned Labour Court, Bhuj had passed the order on 17.03.2018 and directed to pay Rs.4,55,062/- to the Respondent No.1, the Calculation was full of error, Therefore the present petition came to be filed challenging the order dated 17.03.2018 to pay Rs.4,55,062/-

7. It is submitted that earlier petitioner paid Rs.2,69,023/- to Respondent No.1 by cheque towards 50 percent back wages. Annexure-RI.

8. It is submitted by rectified order dated 07.01.2023, authority took 15.04.2014 resolution into consideration and passed an order to give all the benefits accordingly. The copy is annexed herewith and marked as Annexure-RII.

9. It is submitted that the present petitioner has already paid further Rs.2,17,160/- for the period between 29.10.2010 to 07.10.2015 and Rs.3,24,011/- from the period between 08.10.2015 to 31.12.2022 in total Rs.5,41,171/- to the Respondent No.1 on 17.01.2023. All the relevant documents are annexed herewith and marked as Annexure-RIII.

10. It is submitted that all the benefit according to the resolution 15.09.2014 is given to the respondent.

C/SCA/17601/2018 ORDER DATED: 23/01/2023

11. It is submitted that looking into facts and circumstances in the matter, the petition can be disposed of accordingly."

Learned advocate Mr. P. H. Pathak appearing on behalf of the respondent workman does not dispute the position as stated in the affidavit.

In view thereof, the impugned judgment and award passed by learned Labour Court, Bhuj-Kutchh stands satisfied. The petition is disposed of accordingly.

(ANIRUDDHA P. MAYEE, J.)

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