Gujarat High Court
Chikabhai Rupabhai Zapadia vs Manish Bansal, Secretary And/ Or His ... on 30 January, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/MCA/1866/2024 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1866 of
2024
In R/SPECIAL CIVIL APPLICATION NO. 14664 of 2018
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CHIKABHAI RUPABHAI ZAPADIA
Versus
MANISH BANSAL, SECRETARY AND/ OR HIS SUCCESSOR IN OFFICE &
ORS.
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Appearance:
MR NILESH M SHAH(780) for the Applicant(s) No. 1
MR HS MUNSHAW(495) for the Opponent(s) No. 2,3
MS VRUNDA SHAH, AGP for the Opponent(s) No. 1,4
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 30/01/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application is filed seeking initiation of the
contempt proceedings pursuant to the directions issued by this
Court in the order dated 15.02.2024, wherein the Court has
passed the following order : -
"8. Considering the above observations,
discussion and conclusion, the following
directions are passed:-
(i) The petitioner is entitled to be granted the
benefits under the Government Resolution dated
17.10.1988 from the date of actual entry in
service i.e. from 01.04.1984.
(ii) The respondents shall verify the period
between 01.04.1984 till 01.04.1989 more
particularly as to whether the petitioner has
NEUTRAL CITATION
C/MCA/1866/2024 ORDER DATED: 30/01/2025
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completed 240 days and whereas the respondents
shall add Sundays and Public Holidays along with
the said period as per the laid laid down by the
Hon'ble Apex Court in case of Workmen of American
Express International Banking Corporation vs.
Management of American Express International
Banking Corporation [AIR 1986 SC 458].
(iii) The respondents shall treat the period
between 01.04.1989 to 16.10.2008 as period in
actual service more particularly as if the
petitioner has completed 240 days in each of the
intervening year.
(iv) The respondents shall thereafter consider
the case of the petitioner for grant of benefit
under the Government Resolution dated 17.10.1988
more particularly counting the number of years in
which the petitioner has completed 240 days.
(v) It also needs to be observed that the
benefits as had been granted to the co-employee
Smt. Pankhuben Punjabhai as per the order dated
18.08.2017 counting her date of entry in service
from 01.04.1984 shall be granted to the
petitioner more particularly subject to the above
conditions.
(vi) The verification of the employment and other
calculations shall be done by the respondents
within a period of eight weeks from the date of
receipt of this order and arrears and all other
benefits to be granted within a period of six
weeks thereafter. In case the arrears are not
granted within the aforesaid period, then the
petitioner would be entitled to claim interest at
the rate of 6%.
2. Today when the matter is called out, learned advocate
Mr.Devang Bhatt, appearing for learned advocate Mr.Munshaw,
on instructions, has supplied the order by which the benefit
arising from the aforesaid judgment and order is already paid.
The aforesaid order is ordered to be taken on record.
NEUTRAL CITATION
C/MCA/1866/2024 ORDER DATED: 30/01/2025
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3. The last order is of dated 28.01.2025 and by the said
order, the present applicant is paid an amount of Rs.36,120/-.
4. Learned advocate Mr. Shah, has submitted that this would
be very meagre amount and he would be entitled to more
amount, as directed by the learned Single Judge in paragraph
No.8 of the order.
5. A bare perusal of the order reveals that the Court has not
fixed any amount for which the applicant would be entitled,
neither any interest amount is referred in the said order. The
respondents in their wisdom and as per their calculation has
extended the benefits of the order and also paid the interest,
which is being disputed by the learned advocate Mr.Shah, for
the applicant.
6. Under the circumstances, in case there is any dispute
and the amount is less paid as per the calculation of the
applicant employee, it will be open for the applicant to file
appropriate application claiming the same before the
appropriate authority.
7. With these observations, the present application is
disposed of.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(GITA GOPI,J)
MAHESH/101
