Divisional Controller, Gujarat State ... vs Legal Heirs Of Dinesh Rajnikant Mankad
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Gujarat High Court

Divisional Controller, Gujarat State ... vs Legal Heirs Of Dinesh Rajnikant Mankad on 14 November, 2025

                                                                                                              NEUTRAL CITATION




                            C/SCA/14645/2025                                   ORDER DATED: 14/11/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     R/SPECIAL CIVIL APPLICATION NO. 14645 of 2025

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                           DIVISIONAL CONTROLLER, GUJARAT STATE ROAD TRANSPORT
                                                 CORPORATION
                                                    Versus
                                LEGAL HEIRS OF DINESH RAJNIKANT MANKAD & ORS.
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                      Appearance:
                      MS SEJAL K MANDAVIA(436) for the Petitioner(s) No. 1
                      ================================================================

                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                           Date : 14/11/2025

                                                               ORAL ORDER

1. Present petition is filed by the petitioner - Gujarat State Road Transport Corporation against the judgment and award dated 09.07.2025 passed by the learned Presiding Officer, Labour Court-2, Rajkot in Recovery Application No. 9 of 2020, whereby, the recovery certificate is issued for an amount of Rs.87,767/- alongwith 12% interest from 25.10.2012 till the amount is paid to the respondent.

2. Heard Ms. Sejal Mandavia, learned counsel appearing for the petitioner - Corporation.

3. Learned counsel Ms. Mandavia has submitted that the petitioner has pointed out before the Labour Court that against the order passed in original Recovery Application No.31 of 2012, the present petitioner has preferred petition before this Court being Special Civil Application No.17333 of 2024, which is pending and therefore, no recovery can be made till the final disposal of the said petition. She has further submitted that one another petition filed by the concerned workman

NEUTRAL CITATION

C/SCA/14645/2025 ORDER DATED: 14/11/2025

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before this Court being Special Civil Application No.19207 of 2022, wherein, this Court has decided the issue in favour of the present petitioner-Corporation and therefore, she has urged that the present petition be admitted.

4. Though various grounds have been raised in the memo of petition, the fact remains that the total amount involved in the petition is only Rs.87,767/-. Considering the smallness of amount, this Court deems it fit not to exercise jurisdiction under Article 226 & 227 of the Constitution of India. Accordingly, only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other matters, the petition is dismissed. However, it is observed that this order shall not come in way of the petitioner in the pending petition challenging the issue with regard to reinstatement and other reliefs.

5. The petitioner-Corporation is directed to deposit the amount as awarded by the Labour Court, which shall be subject to the final outcome of the aforesaid petition pending before this Court and, if, the said petition is allowed in favour of the petitioner-Corporation, they shall not recover the said amount from the respondent-workman.

(HEMANT M. PRACHCHHAK,J)

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