Gujarat High Court
State Of Gujarat vs Khima Rudabhai on 29 March, 2023
Bench: Mauna M. Bhatt
C/SCA/9194/2021 ORDER DATED: 29/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9194 of 2021
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 9194 of 2021
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STATE OF GUJARAT
Versus
KHIMA RUDABHAI
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Appearance:
MR JAYNEEL PARIKH, AGP for the Petitioner(s) No. 1
MR YOGEN N PANDYA(5766) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 29/03/2023
ORAL ORDER
Order in Special Civil Application
1. State has filed this petition challenging the judgment
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and order dated 31 August, 2019, passed by learned
Labour Court, Jamnagar in Recovery Application No.54 of
2015, wherein the learned Labour Court directed the
payment of Rs.2,27,376/- towards leave encashment within
30 days from the date of receipt of the order.
2. Brief facts are as under:
Respondent herein joined services as a daily-wager in the
year 1977 in the Roads and Building Department and
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upon attaining the age of superannuation, retired on 30
C/SCA/9194/2021 ORDER DATED: 29/03/2023
November, 2014. The Respondent was paid benefits as
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per the Government Resolution dated 18 August, 1991
like Gratuity, Pension and GPFs etc., however, he was
not granted the benefit towards leave encashment of his
300 days leave. He filed an application under Section 33
(C) (2) of the Industrial Tribunals Act 1947 ('the Act" for
short) before learned Labour Court, Jamnagar for
recovery of the same. The Labour Court, Jamnagar vide
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order dated 31 August, 2019, allowed his application
and directed the petitioner - State to pay an amount of
Rs.2,27,376/- within 30 days from the date of order to
the respondent towards leave encashment.
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3. Aggrieved by the order dated 31 August, 2019, the
State has filed this petition.
4. This court under order dated 01.07.2021, issued Rule
and granted Ad-interim relief in terms of para 7(C),
on the condition that the petitioner-state shall deposit
the amount as ordered by labour court before this court
within four weeks. It was further ordered that on such
deposit being made, it shall be invested in nationalized
bank initially for one year and thereafter to be renewed
C/SCA/9194/2021 ORDER DATED: 29/03/2023
for time to time till final disposal of the petition.
Thereafter, the coordinate bench of this court has
passed an order dated 14.12.2021, in which petitioner
has been directed as under:
"4. The petitioner-State is directed to deposit
an amount of Rs.2,28,376/- before the Registry of
this Court instead of depositing in the name of the
Registrar, High Court of Gujarat in the State Bank
of India, at Khambhaliya Main Gandhi Chowk
Branch. After such amount is deposited before the
Registry of this Court, Registry shall invest the
same in cumulative fixed deposit in any
nationalized bank initially for a period of one year
and thereafter, to be renewed from time to time till
final disposal of this petition."
5. 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 300
days leave encashment, has been settled by the Hon'ble
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Supreme Court under order dated 1 September, 2022
rendered in Special Leave Petition (Civil) No.7229 of
C/SCA/9194/2021 ORDER DATED: 29/03/2023
2022. Moreover, pursuant to the decision of the Hon'ble
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Supreme Court, Government Resolution dated 7 October,
2022 has been issued by the State for implementing the
judgment of the Hon'ble Supreme Court.
6. Considering the submissions the present petition is
dismissed. The amount deposited as per the directions of
this court, dated 14.12.2021, before the Registry of this
court is ordered to be disbursed to the petitioner after
due verification as expeditiously as possible, not letter
than four weeks from the receipt of this order.
7. In view of the above position, the present petition is
dismissed. Rule discharged.
Order in Civil Application
1. This Civil Application is filed by the applicant
(original respondent), seeking disbursement of the amount
deposited by the petitioner State as per the order dated
14.12.2021. In view of the order dated 29.03.2023, in
SCA 9194 of 2021, this civil application does not survive
and is disposed of accordingly.
C/SCA/9194/2021 ORDER DATED: 29/03/2023
2. Civil Application stands disposed.
(MAUNA M. BHATT,J)
KUMAR ALOK
