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SCA/8988/2010 3/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8988 of 2010
=====================================
SHAILESHBHAI
VISHNUPRASAD DAVE - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH DEPUTY SECRETARY & 3 - Respondent(s)
=====================================
Appearance
:
MR JAYANT P BHATT for
Petitioner(s) : 1,MR JEET J BHATT for Petitioner(s) : 1,MSVIDHIJBHATT
for Petitioner(s) : 1,
MR JK SHAH, AGP for Respondent(s) : 1 -
4.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 07/09/2010
ORAL
ORDER
1.0 This
Court is at pains to record that Government is contesting a claim of
a work-charged Chowkidar in an Irrigation Department right up to
the Honourable the Apex Court.
2.0 The
case, as pleaded, is that the services of the petitioner were
terminated in the year 1986. As no other go, the
petitioner had to approach the Labour Court, who decide the matter in
the year 2000 and ordered reinstatement with 30%
back-wages. The State Government deemed it proper to challenge this
order by filing Special Civil Application No. 5354 of 2001 before the
High Court of Gujarat and the learned Single Judge passed an order,
whereby, 30% back-wages order, was quashed, but while disposing of
the matter, the learned Single Judge directed that, ‘the workman be
reinstated as per the award of the Labour Court within a period of
two months from the date of receipt of this order’. The learned
Single Judge also directed that, ‘the workman be paid full wages from
the date of award i.e.
14th December 2000 till the date of actual
reinstatement, within a period of three months from the date of
receiving copy of this order’. (emphasis supplied)
2.1 The
Government still found this order unacceptable and despite the fact
that the learned Single Judge had done away with 30% back-wages,
challenged this order before the Division Bench. What a match – the
Government on one hand and a work-charged – Chowkidar in the
Irrigation Department on the other. The Division Bench, by order
dated 8th October 2002, deemed it proper to dismiss the
appeal filed by the State Government.
2.2 The
agonies of a work-charged Chowkidar, conferred on him being a
Government employee, proved to be unending. The matter was carried
to the Honourable the Apex Court
as the expenses for services of the Law Officers and the assistance
of Legal Experts was not to be born by any individual. The
Honourable the Apex Court did
not find substance in the matter and therefore, after condoning the
delay, dismissed the Special Leave Petition. This happened on 25 th
August 2003. But the Government decided not to comply the
orders of the Court, even after the matter had reached finality, in
absence of there being no other higher forum in which the Government
could have taken the matter. The directions issued by the learned
Single Judge were not complied. It is informed that the poor
work-charged – Chowkidar of Irrigation Department was reinstated only
in 2004 (13th April 2004) i.e. after long eight months
from day when the matter reached its finality at the hands of the
Honourable the Apex Court.
3.0 It
is easy to understand that as the Government and its functionaries
did not like the ultimate outcome, they have now come up with an
excuse of the petitioner having been paid in excess and therefore,
some recovery is sought to be made from this workman. It is this
recovery, which has again brought the workman to this Court. The
proceedings of recovery are initiated by a communication dated 10th
May 2010 by the Executive Engineer of Irrigation Department, Jamnagar
as the Deputy Secretary (Recovery) has asked the Executive Engineer,
Rajkot to undertake the same.
3.1 It
is high time when talks about the welfare legislations and the
welfare measures, highlighting them disproportionately in the media,
print as well as electronic are stopped and sympathetic view is taken
in a matter like this. There being no question of policy involved,
the matter was required to be allowed to rest with Labour Court’s
verdict. It being a matter of one person getting an employment, that
too, after having served the department for three years the forced
litigation on the head of a work-charged Chowkidar by any
standards is a heavy burden.
4.0 The
matter is kept on 22nd September 2010
to enable the learned AGP to take appropriate instructions in the
matter. It is expected that the Officer giving instructions will
justify his instructions if they are against the petitioner
workman by setting out reasons for the same.
4.1 The
interim stay against recovery is ordered to be continued till further
orders.
4.2 A
copy of this order be made available to the learned AGP
Mr. Shah
for its onward communication to the authorities.
[
Ravi R. Tripathi, J. ]
hiren
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