Deputy Executive Engineer vs Decd. Kavabhai Kathadbhai Jadav ...
2023 Latest Caselaw 2583 Guj

    C/SCA/10677/2022                                           ORDER DATED: 28/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 10677 of 2022

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                DEPUTY EXECUTIVE ENGINEER
                           Versus
     DECD. KAVABHAI KATHADBHAI JADAV THROUGH L/H AJIBEN
                       KAVABHAI JADAV
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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
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 17 February, 2020, passed by learned

Labour Court, Rajkot in Recovery Application No.54 of

2017, wherein the learned Labour Court directed the

payment of Rs.1,42,124/- towards leave encashment with

8% simple interest within 30 days from the date of

receipt of the order.

2. Brief facts are as under: Respondent herein joined st services as a labourer on 1 June, 1978 in the Roads

and Building Department and on attaining the age of st superannuation, he retired on 31 July, 2015. The

C/SCA/10677/2022 ORDER DATED: 28/03/2023

Respondent was paid benefits as per the Government th Resolution dated 17 October, 1988 like 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) of the I.D. Act,

1947, before learned Labour Court, Rajkot for recovery of

the same. The Labour Court, Rajkot vide order dated th 17 February, 2020, allowed his application and directed

the petitioner - State to pay an amount of Rs.1,42,124/-

with 8% simple interest within 30 days from the date of

receipt of the order

th

3. Aggrieved by the order dated 17 February, 2020,

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

C/SCA/10677/2022 ORDER DATED: 28/03/2023

issued by the State for implementing the judgment of

the Hon'ble Supreme Court.

5. Considering the submission, it is directed that the

petitioner shall pay the amount 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

paid.

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

dismissed and disposed of accordingly. Notice is

discharged.

(MAUNA M. BHATT,J) KUMAR ALOK