Gujarat High Court
Umar Farooq Gulmamad vs Navyug Confessionary Company on 13 March, 2023
Bench: Sandeep N. Bhatt
C/SCA/3201/2019 ORDER DATED: 13/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3201 of 2019
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UMAR FAROOQ GULMAMAD
Versus
NAVYUG CONFESSIONARY COMPANY & 2 other(s)
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Appearance:
JEET Y RAJYAGURU(8039) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 3
MR.KRUTARTH K PANDYA(7092) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 13/03/2023
ORAL ORDER
1. The present petition is filed by the petitioner with
a prayer to direct respondent No.3 - District Development
Officer, Jamnagar to initiate action against respondent No.2
and recover the amount of the dues as per recovery
certificate issued by the Labour Court.
2. Heard learned advocate Mr.Jeet Y. Rajyaguru for
the petitioner, Mr.Krutarth K. Pandya, learned advocate for
respondent No.2 and Mr.H.S. Munshaw, learned advocate for
respondent No.3 - District Panchayat, Jamnagar. Though
served, none appears for respondent No.1.
3. The short facts of the petitioner are that though
C/SCA/3201/2019 ORDER DATED: 13/03/2023
the Labour Court, Jamnagar has passed the award in
Reference (LCJ) No.75 of 1998 against the employer i.e.
Navyug Confessionary Company - respondent No.1 herein by
holding that the action of the employer terminating the
petitioner workman is illegal and thereby granted
reinstatement. Since the said order is not complied with, the
petitioner workman has filed Recovery Application No.41 of
2008 which was allowed vide order dated 17.11.2009, by
which, the Labour Court has issued recovery certificate on
08.10.2010 for the amount of Rs.1,73,120/- against the
company and also directed the Collector, Jamnagar to recover
the amount by following revenue procedure in accordance
with law.
4. Thereafter, the District Collector, Jamnagar has
sent the same to the District Development Officer, Jamnagar,
who, thereafter, sent the same to the Taluka Development
Officer and in turn, to the Talati of Vasai Village Panchayat,
who has prepared the report on 28.03.2011 and has
submitted that Navyug Confessionary Company - respondent
No.1 herein is not found on the given address, but one Swan
Sweet Pvt. Ltd., is there.
5. It also transpires that the statement of one
Mr.Nilesh Vrajlal Shah is recorded by the authority
C/SCA/3201/2019 ORDER DATED: 13/03/2023
concerned, wherein he has stated that Navyug Confessionary
Company was a partnership firm and is closed down and at
present, he is working as one of the Directors of the new
company - Swan Sweet Pvt. Ltd.
6. In this background, the present petition is filed by
the petitioner urging this Court to direct respondent No.3 to
initiate proper action to recover the amount awarded by the
Labour Court.
7. Affidavit in reply is filed by the District
Development Officer, Jamnagar dated 29.03.2019 and has
contended that as per the revenue record of village Vasai,
Navyug Confessionary Company is not having any property.
It was further contended that even the statement of one
Mr.Nilesh Vrajlal Shah, one of the Directors of the new
company is also recorded on 05.03.2019 by the Extension
Officer of the Taluka Panchayat, Jamnagar as well as by
Talati-cum-Mantri, Vasai Village Panchayat, wherein it is
stated that Navyug Confessionary Company is closed down
and at present, Swan Sweet Pvt. Ltd., is situated at the site
as there is no recovery certificate against him, he would not
make any payment and he would act in accordance with the
orders of this Court.
C/SCA/3201/2019 ORDER DATED: 13/03/2023
8. Said Mr.Nilesh Vrajlal Shah himself is appeared in
the matter through the learned advocate Mr.Krutarth K.
Pandya and has filed affidavit in reply by contending that he
was a partner of the earlier company i.e. Navyug
Confessionary Company at the relevant point of time, which
was closed down in the year 1998 and thereafter, he has
joined the new company - Swan Sweet Pvt. Ltd., as one of
the Directors in the year 2006. He has further contended
that the impugned judgment and award passed by the
Labour Court was against the Navyug Confessionary
Company which is closed down and therefore, he cannot be
held liable in personal capacity and therefore, he has said
that this petition may be dismissed.
9. Considering the provisions of the Partnership Act,
it can fairly be inferred that respondent No.2, who was a
Partner of the erstwhile company - Navyug Confessionary
Company, at the relevant point of time, can held liable for
the satisfaction of the dues of the petitioner workman and in
fact, when the matter was posted for hearing on earlier
occasion, it was mentioned at the bar by the respective
learned advocates that the talks for settlement were going on
and there is a dispute about the figure of the amount of
settlement as the petitioner was insisting for recovery of
entire amount i.e. 1,73,120/- and respondent No.2 herein is
C/SCA/3201/2019 ORDER DATED: 13/03/2023
ready to pay Rs.1 lakh.
10. Considering this aspect and also considering the
fact that respondent No.2 is now joined as one of the
Directors of the Swan Sweet Pvt. Ltd., as well as considering
the fact that in the proceedings before the Labour Court -
Reference proceedings as well as Recovery proceedings, the
learned advocate for respondent No.2 as well as erstwhile
company - Navyug Confessionary Company had appeared and
thereafter had not chose to contest the proceedings and also
considering this chain of events and considering the conduct
of respondent No.2, it is directed the District Development
Officer, Jamnagar - respondent No.3 herein to expedite the
recovery proceedings for recovering the amount from
respondent No.2 - Mr.Nilesh Vrajlal Shah, as expeditiously as
possible but preferably within a period of eight weeks from
today, in accordance with law / procedure.
11. In view of above, this petition is allowed to the
aforesaid extent.
Direct service is permitted.
(SANDEEP N. BHATT,J)
M.H. DAVE
