Deputy Executive Engineer, Road ... vs Dhirubhai Behcharbhai Parmar
2023 Latest Caselaw 2641 Guj

     C/SCA/4983/2022                                           ORDER DATED: 29/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 4983 of 2022

==========================================================
 DEPUTY EXECUTIVE ENGINEER, ROAD AND BUILDING DEPARTMENT
                          Versus
             DHIRUBHAI BEHCHARBHAI PARMAR
==========================================================
Appearance:
MS. NIRALI SARDA, AGP for the Petitioner(s) No. 1
MR. JEET Y RAJYAGURU(8039) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                    Date : 29/03/2023

                                     ORAL ORDER

1. State has filed this petition challenging the judgment and order dated 11.03.2020, passed by the learned Labour Court, Rajkot in Recovery Application No.28 of 2019, wherein learned learned Labour Court directed the payment of Rs.2,81,250/- to the respondent towards leave enchantments with simple interest at the rate of 8% within 30 days from the date of order.

2. Brief facts are as under:

The respondent herein joined services of the petitioner as driver on 08.01.1982, in Road and Building, Department. Upon attaining age of superannuation, he retired on 31.05.2016. Respondent was paid benefits of gratuity, pension and GPF etc, pursuant to Government Resolution dated 17.10.1988, however, the benefits of 300 days leave encashment has been denied on the ground that in view of the Government Resolution dated

C/SCA/4983/2022 ORDER DATED: 29/03/2023

12.08.1991, he is not entitled for the same. Aggrieved by the same, the respondent filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 (for short 'the Act') before learned Labour Court, Rajkot. The Labour Court, Rajkot vide an order dated 11.03.2020 directed the petitioner herein - State to pay to the respondent an amount of Rs.2,81,250/- towards leave enchantments with simple interest at the rate of 8% within 30 days from the date of order.

3. Aggrieved by the order dated 11.03.2020, the present petition is filed by the petitioner - State.

4. At the outset, learned Assistant Government Pleader Ms. Nirali Sarda 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 Court under order dated 01.09.2022 rendered in Special Leave Petition (Civil) No.7229 of 2022. Moreover, pursuant to the decision of the Hon'ble Supreme Court, Government Resolution dated 07.10.2022 has been issued by the State for implementing the judgment of the Hon'ble Supreme Court.

She further pointed out that an amount of Rs.2,81,250/- towards leave encashment has been paid to the respondent vide cheque No.726333 dated 08.02.2023. A copy of the cheque payment is taken on record.

5. In view of the above position, the present petition is dismissed and disposed of accordingly. Notice is discharged.

(MAUNA M. BHATT,J) prk