Deputy Executive Engineer vs Palabhai Bhanabhai Rathod
2023 Latest Caselaw 2582 Guj

      C/SCA/10688/2022                                             ORDER DATED: 28/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/SPECIAL CIVIL APPLICATION NO. 10688 of 2022
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                         DEPUTY EXECUTIVE ENGINEER
                                   Versus
                         PALABHAI BHANABHAI RATHOD
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Appearance:
MR SAHIL TRIVEDI, AGP for the Petitioner(s) No. 1
JEET Y RAJYAGURU(8039) for the Respondent(s) No. 1
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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 nd and order dated 2 April, 2019, passed by learned

Labour Court, Rajkot in Recovery Application No.94 of

2015, wherein the learned Labour Court directed the

payment of Rs.1,71,360/- towards leave encashment with

6% simple interest within 30 days from the date of

receipt of the order.

2. Brief facts are as under: Respondent herein joined th services as a daily wager on 16 August, 1977 in the

Roads and Building Department and on attaining the age st of superannuation, he retired on 31 July, 2013. The

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

C/SCA/10688/2022 ORDER DATED: 28/03/2023

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) of the I.D. Act 1947,

before learned Labour Court, Rajkot for recovery of the nd same. The Labour Court, Rajkot vide order dated 2

April, 2019, allowed his application and directed the

petitioner - State to pay an amount of Rs.1,71,360/- with

6% simple interest within 30 days from the date of

receipt of the order

nd

3. Aggrieved by the order dated 2 April, 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/10688/2022 ORDER DATED: 28/03/2023

an amount of Rs.1,71,360/- with 6% simple interest

towards leave encashment of 300 days.

5. Considering the submission, petitioner-State is

directed to pay Rs.1,71,360/- with 6% interest towards

the leave encashment of 300 days as directed by the

labour Court, Rajkot within 30 days from the date of

receipt of this order.

6. The petitioner is directed to pay the amount of

leave encashment as directed by the labour Court, if not

already paid paid.

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

dismissed and disposed of accordingly. Notice is

discharge.

(MAUNA M. BHATT,J) KUMAR ALOK