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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SONIA GOKANI, J.
Dahod District Panchayat Thru Executive Engineer & Others – Petitioners
Versus
Ramchhodbhai Sursinh Bariya Decd. Thru. Wd/O. Kaliben Ranchhodbhai Bariya – Respondents
R/Special Civil Application No. 3994, 3998, 4001, 4005, 4007, 4009, 4031, 4032, 4033, 4034, 4035, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4045, 4046, 4048, 4053, 4058, 4059, 4063, 4065, 4067, 4070 of 2019
Decided On : 18-02-2020
Industrial Disputes, Act, 1947 - Section 33(C)(2) - Petitioners District Panchayat and another have challenges Judgment and Awards passed by Labor Court in respective Recovery Applications by which Labor Court directed petitioner to make payment of leave encashment to respondents workmen or to heirs if workman has expired - Since all petitions contained identical question of law and facts they are being heard decided and disposed of by this common order - Respondent was appointed as a daily wager on purely on temporary and ad-hoc basis depending upon availability of work and fund and was later on given benefits flowing from Government Resolution - Pending admission final hearing and disposal of present Special Civil application be pleased to stay implementation execution & operation of order - Court has heard extensively advocate for petitioner Panchayat has urged that impugned orders passed in respective Recovery Applications are arbitrary and erroneous - According to him four benefits namely leave encashment travelling allowance transport allowance and Leave Travel Allowance are not available to beneficiaries of Government Resolution - Held, Court opinion that present case is also squarely covered by aforesaid two decisions rendered by this Court - Judge has therefore not committed any error while placing reliance upon Division Bench decision rendered in case of are also in agreement with reasons recorded by Single Judge - Petition deserves to be allowed respondents are directed to extend benefit of leave encashment of days to petitioners on their retirement - However it will be open for authorities to verify about admissibility of days for conversion into leave encashment as clarified by Division Bench as per reproduced - Upon petitioners having been found entitled to days leave after undertaking above exercise benefit shall be paid to petitioners within period of weeks from date of receipt of writ of this order - Court findings and observations so also order of issuance of Recovery Certificate directing petitioners to pay amount towards leave encashment warrant no interference - Petitioners are directed to make payment of leave encashment to respective respondents as ordered by Labor Court in impugned Judgment and Awards passed in respective Recovery Applications, impugned in the respective writ petitions within a period - Petitions dismissed (Paras10 and 11)
Facts of the Case:
Respondent - Ranchhodbhai Sursinh Bariya was appointed as a daily wager on 1/5/1989 purely on temporary and ad-hoc basis depending upon the availability of work and fund and was later on given benefits flowing from Government Resolution dated 17/10/1988. He retired on 28/2/2009 and was released all retiral benefits as per the provisions of Government Resolution dated 17/10/1988 and as benefit of leave encashment was made not available on the ground that the same is not provided by the Government of Gujarat in the Government Resolution dated 17/10/1988, the said benefit was not released.
Finding of the Court:
Court opinion that present case is also squarely covered by aforesaid two decisions rendered by this Court - Judge has therefore not committed any error while placing reliance upon Division Bench decision rendered in case of are also in agreement with reasons recorded by Single Judge - Petition deserves to be allowed respondents are directed to extend benefit of leave encashment of days to petitioners on their retirement - However it will be open for authorities to verify about admissibility of days for conversion into leave encashment as clarified by Division Bench as per reproduced - Upon petitioners having been found entitled to days leave after undertaking above exercise benefit shall be paid to petitioners within period of weeks from date of receipt of writ of this order - Court findings and observations so also order of issuance of Recovery Certificate directing petitioners to pay amount towards leave encashment warrant no interference - Petitioners are directed to make payment of leave encashment to respective respondents as ordered by Labor Court in impugned Judgment and Awards passed in respective Recovery Applications, impugned in the respective writ petitions within a period.
Result: Petitions dismissed
ORDER :
1. In this group of matters, the petitioners Dahod District Panchayat and another have challenged the Judgment and Awards passed by the Labour Court, Dahod in respective Recovery Applications under Section 33(C)(2) of the Industrial Disputes, Act, 1947 (hereinafter referred to as “the I.D. Act” for convenience), by which the Labour Court directed the petitioner to make payment of leave encashment to the respondents – workmen or to the heirs, if the workman has expired. Since all the petitions contained identical question of law and facts, they are being heard, decided and disposed of by this common order.
2. Facts necessary for adjudication of disputes are drawn from special Civil Application No.3994 of 2019 :
2.1. The petitioner Dahod District Panchayat is a statutory body constituted under the provisions of the Gujarat Panchayat Act, 1993 after constitution of districts in 1997.
2.2. The respondent - Ranchhodbhai Sursinh Bariya was appointed as a daily wager on 1/5/1989 purely on temporary and ad-hoc basis depending upon the availability of work and fund and was later on given benefits flowing from Government Resolution dated 17/10/1988. He retired on 28/2/2009 and was released all retiral benefits as per the provisions of Government Resolution dated 17/10/1988 and as benefit of leave encashment was made not available on the ground that the same is not provided by the Government of Gujarat in the Government Resolution dated 17/10/1988, the said benefit was not released.
2.3. The said respondent passed away and after more than seven years, the heirs of the respondent workman filed Recovery Application No.81 of 2016 before the Labour Court, Dahod for the benefit of leave encashment.
2.4. The petitioner filed written statement contending that the Government Resolution dated 17/10/1988 on the basis of which the respondent was claiming the service benefits by way of regularizing his services and letter dated 12/9/1981 issued by the Road and Building department of the Government of Gujarat clearly lays down that the beneficiaries of Government Resolution dated 17/10/1988 are not entitled to various benefits including leave encashment. The Labour Court, ultimately, allowed the Recovery Application and directed the petitioner to make payment of leave encashment of 300 Earned Leave of Rs.78,720/- to the widow of the respondent workman within 30 days with cost of Rs.1000/-. Similar order is passed in other Recovery Applications. Hence, the petitioner has approached this Court challenging the Judgment and Awards passed by the Labour Court, Dahod in respective Recovery Applications under sections 33(C)(2) of the I.D. Act. The prayer sought for by the petitioner are as follows :-
(B). Be pleased to allow this Special Civil Application by way of passing appropriate orders, writ, mandamus or directions or writ of territory quashing and setting aside the order dated 18/9/18 passed by the Hon'ble Labour Court at Dahod in Recovery Application No.81/16 directing petitioner to pay an amount of Rs.78,720/- towards retiral benefits of encashment of leave annexed as ANNEXURE-E in the interest of justice.
(C). Pending the admission, final hearing and disposal of the present Special Civil application be pleased to stay the implementation, execution & operation of theorder dated 18/9/18 passed by the Hon'ble Labour Court at Dahod in Recovery Application No.81/16 directing petitioner to pay an amount of Rs.78,720/- towards retiral benefits of encashment of leave annexed as ANNEXURE-E in the interest of justice.
(D). Be pleased to call for the record of the case bearing from the Hon'ble Labour Court at Dahod.
(E). Be pleased to pass such other and further orders as the nature of the case may be required and the Hon'ble Court may be deemed thought fit to pass such order.”
3. This Court issued Notice for final disposal vide order dated 2/8/2019.
4. This Court has heard extensively Mr.Munshaw,
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