Gujarat High Court
Sundergiri Harigiri Goswami vs Deepakbhai Vora, President, ... on 8 June, 2023
Bench: A.S. Supehia
C/MCA/422/2023 ORDER DATED: 08/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 422 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 4005 of 2014
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SUNDERGIRI HARIGIRI GOSWAMI
Versus
DEEPAKBHAI VORA, PRESIDENT, DELWADA KELVANI MANDAL
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Appearance:
MS MAMTA R VYAS(994) for the Applicant(s) No. 1
CHIRAG N KAKKAD(8465) for the Opponent(s) No. 1
MS. VRUNDA SHAH, AGP BY DS for the Opponent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 08/06/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. As recorded in the order dated 26.4.2023, three Cheques of Rs.
2,50,000/- each and Rs. 2,68,775/- in partial compliance of the order dated
8.9.2022 were tendered to the Applicant.
2. Learned Advocate Mr. Chirag Kakkad appearing for Opponent No.1 has
submitted that as per the calculation, the 50% of the amount as directed by this
Court to be paid to the Applicant / Original Petitioner would come to
Rs.9,08,775/- and hence nothing remains to be paid. He therefore submitted
that the present contempt proceedings may be dropped.
3. Learned AGP Ms. Vrunda Shah on instructions from Mr. V.B.Khambla,
who is present before this Court has submitted that as per their understanding
C/MCA/422/2023 ORDER DATED: 08/06/2023
and calculation, the Applicant would be entitled to Rs.9,08,775/- towards 50%
of the back wages which is already paid.
4. Learned Advocate Ms. Mamta R. Vyas for the Applicant has submitted
that as per the calculation of the Applicant, the amount of 50% would come to
Rs.30,41,150/- (approximately).
5. We have heard learned Advocates for the respective parties.
6. It is a case of the Applicant that there is willful and deliberate defiance
of the direction issued by this Court vide judgment and order dated 24.1.2019
and also the further order dated 8.4.2019 wherein and whereby the
Respondents were directed to pay 50% backwages to the Applicant / Original
Petitioner up to the date of superannuation i.e. up to 31.5.2018.
7. Pursuant to the issuance of the Notice by this Court in the present
proceedings, the amount as mentioned herein above is already paid to the
Applicant / Original Petitioner.
8. The Respondent No.1 - Deepakbhai Vora, President Delvada Kelavni
Mandal has filed an Affidavit stating therein that as per their calculation the
Applicant would be entitled to Rs.9,08,775/-.
8.1 Learned AGP on instruction from Mr. V.B.Khambla has also asserted
the aforesaid facts.
9. Under the circumstances, it cannot be said that there is any willful or
deliberate defiance of the orders and their dispute arises with regard to the
calculation of the 50% backwages. This Court while examining the
proceedings under the Contempt of Courts Act 1971 cannot delve into such
C/MCA/422/2023 ORDER DATED: 08/06/2023
issue of calculation of the amount of 50%, since the direction, do not, in any
manner, suggest that 50% amount is to be calculated on a particular pay scale.
As per the understanding of the respective Respondents, the Applicant has been
already paid the 50% of the amount as per the direction and the Applicant is
disputing such calculation. Thus the present contempt proceedings cannot be
further entertained in such disputed facts, and hence, the Application is
disposed of with liberty reserved in favour of Applicant to file appropriate
proceedings before the appropriate forum claiming the deficit amount of
backwages and other retiral benefits as pressed before this Court.
10. With the liberty as aforesaid, the Application stands disposed of.
(A. S. SUPEHIA, J)
(M. R. MENGDEY,J)
J.N.W / 60
