Deputy Executive Engineer, Road ... vs Ismailbhai Kasambhai Theba
2023 Latest Caselaw 2581 Guj

      C/SCA/4351/2022                                               ORDER DATED: 28/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 4351 of 2022

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 DEPUTY EXECUTIVE ENGINEER, ROAD AND BUILDING DEPARTMENT
                          Versus
           ISMAILBHAI KASAMBHAI THEBA & 1 other(s)
==========================================================
Appearance:
MR SAHIL TRIVEDI, AGP for the Petitioner(s) No. 1
JEET Y RAJYAGURU(8039) 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 : 28/03/2023

                                    ORAL ORDER

1. State has filed this petition challenging the judgment th and order dated 27 February, 2019, passed by learned

Labour Court, Rajkot in Recovery Application No.37 of

2014, wherein the learned Labour Court directed the

payment of Rs.95,400/- towards leave encashment within

30 days from the date of receipt of the order.

2. Brief facts are as under: Respondent herein joined st services as a plumber on 1 February, 1966 in the

Roads and Building Department and on attaining the age th of superannuation, he retired on 30 September, 2008.

The Respondent was paid benefits as per the th Government Resolution dated 17 October, 1988 like

C/SCA/4351/2022 ORDER DATED: 28/03/2023

Gratuity, Pension and GPFs etc., however, he was not

granted the benefit towards leave encashment for 300

leave. He filed an application under Section 33 (C) (2)

before learned Labour Court, Rajkot for recovery of the th same. The Labour Court, Rajkot vide order dated 27

February, 2019, allowed his application and directed the

petitioner - State to pay an amount of Rs.95,400/- within

30 days from the date of order to the respondent

towards leave encashment.

th

3. Aggrieved by the order dated 27 February, 2019,

the present petition is filed by the petitioner-State.

4. At the outset, learned Assistant Government Pleader Mr.Sahil Trivedi 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 st Court under order dated 1 September, 2022 rendered in

Special Leave Petition (Civil) No.7229 of 2022. Moreover,

pursuant to the decision of the Hon'ble Supreme Court, th Government Resolution dated 7 October, 2022 has been

issued by the State for implementing the judgment of

the Hon'ble Supreme Court. He further submitted that

C/SCA/4351/2022 ORDER DATED: 28/03/2023

an amount of Rs.95,400/- towards leave encashment of

300 days, has been paid to the respondent vide cheque th No.726191 dated 17 December, 2022. A copy of the

cheque payment, is taken on the record.

5. In view of the above position, the present petition is

dismissed and disposed of accordingly. Notice is

discharged.

(MAUNA M. BHATT,J) KUMAR ALOK