Gujarat High Court High Court

Gujarat vs District on 30 August, 2011

Gujarat High Court
Gujarat vs District on 30 August, 2011
Author: Mr.S.J.Mukhopadhaya, Mr.Justice J.B.Pardiwala,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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SCA/5793/2011	 6/ 6	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 5793 of 2011
 

 


 

 
=========================================================

 

GUJARAT
AUDHYOGIK KAMDAR MANDAL - Petitioner(s)
 

Versus
 

DISTRICT
COLLECTOR & 2 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
PC CHAUDHARI for
Petitioner(s) : 1, 
MR AJ DESAI AGP for Respondent(s) : 1, 
MR.HIREN
M MODI for Respondent(s) : 2, 
NOTICE SERVED for Respondent(s) :
3, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE J.B.PARDIWALA
		
	

 

 
 


 

Date
: 30/08/2011  
 
ORAL ORDER

(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)

The
writ petition was preferred by Gujarat Audhyogik Kamdar Mandal for
direction on District Collector to recover the amount as per Recovery
Certificate attached to the petition at Annexure-A and B from
Standard Materials Agency Pvt. Ltd..

2. Earlier,
the case was taken up by the learned Single Judge when it was
informed that the respondent-Standard Materials Agency Pvt. Ltd.
(employer) intended to pay the total dues of the workmen.
Subsequently, certain amount was paid which was noticed and recorded
by the Court as follows :-

(1) Rs.3,00,000/-
paid and another sum of Rs.4,00,000/- is in the process of being
paid, as noticed on 6.7.2011;

(2) Total
Rs.5,43,478/- was found to be received on 11.7.2011;

(3) A
draft of Rs.74,480/- was handed over to the counsel for the
petitioner on 27.7.2011;

(4) Another
draft of Rs.2,83,395/- and cheque totalling to Rs.1,47,510/- was
handed over the learned counsel for the petitioner on 18.8.2011;

(5) A
demand draft of Rs.1,47,510/- in lieu of cheque earlier given was
handed over on 25.8.2011.

3. The
learned counsel for the petitioner submitted that almost total amount
has been paid by the respondent-Standard Materials Agency Pvt. Ltd.
(employer) in favour of the employees, except certain amount yet to
be paid in favour of 11 employees. The following drafts and three
cheques have been handed over to the learned counsel for the
petitioner today :-

(1) Draft
No.72292 dated 29.8.2011 for Rs.32,897/- in the name of JayPrakash
Chauhan;

(2) Draft
No.72272 dated 29.8.2011 for Rs.32,897/- in the name of JayPrakash
Chauhan;

(3)

Draft No.72274 dated 29.8.2011 for Rs.31,281/- in the name of Hukaji
Gandaji Dabhi;

(4) Draft
No.72273 dated 29.8.2011 for Rs.31,281/- in the name of Hukaji
Gandaji Dabhi;

(5) Draft
No.72276 dated 29.8.2011 for Rs.40,295/- in the name of Vijay K
Bavkar;

(6) Draft
No.72275 dated 29.8.2011 for Rs.40,296/- in the name of Vijay K
Bavkar;

(7)

Draft No.72284 dated 29.8.2011 for Rs.31,049/- in the name of
Mafatbhai K Chauhan;

(8) Draft
No.72283 dated 29.8.2011 for Rs.31,049/- in the name of Mafatbhai K
Chauhan;

(9) Draft
No.72280 dated 29.8.2011 for Rs.40,156/- in the name of Hamukh K
Panchal;

(10) Draft
No.72279 dated 29.8.2011 for Rs.40,156/- in the name of Hamukh K
Panchal;

(11) Draft
No.72281 dated 29.8.2011 for Rs.28,150/- in the name of Ranjit Kanji;

(12) Draft
No.72282 dated 29.8.2011 for Rs.28,150/- in the name of Ranjit Kanji;

(13) Draft
No.72277 dated 29.8.2011 for Rs.37,953/- in the name of Jayesh O
Shah;

(14) Draft
No.72278 dated 29.8.2011 for Rs.37,953/- in the name of Jayesh O
Shah;

(15) Draft
No.72285 dated 29.8.2011 for Rs.48,036/- in the name of Devidas B
Patil;

(16) Account
Payee Current Account Cheque No.128116 dated 24.9.2011 for
Rs.45,000/- in the name of Ratilal M Patel

(17) Account
Payee Current Account Cheque No.128112 dated 19.9.2011 for
Rs.37,426/- in the name of Shyambabu Chaudhari;

(18) Account
Payee Current Account Cheque No.128113 dated 21.9.2011 for
Rs.37,426/- in the name of Shyambabu Chaudhari.

4. The
learned counsel for the parties produced a statement showing the
details of payment of full and final settlement, which reads as under
:-

No

Name
of Employee

Due
Amount

DD
No.

Amount

DD
No.

Amount

Total
Paid

1.

Hasmukhbhai

80312

72279

40156

72280

40156

80312

2.

Jayeshbhai

75906

72277

37953

72278

37953

75906

3.

Vijaybhai

80591

72275

40296

72276

40296

80591

4.

Mafatbhai

62098

72283

31049

72284

31049

62098

5.

Ranjitbhai

56300

72282

28150

72281

28150

56300

6.

Jayprakash

65794

72272

32897

72292

32897

65794

7.

Hukaji

62562

72273

31281

72274

31281

62562

8.

Devidas
Patel

48072

72285

48072

0

0

48072

Total

531635

531635

CHEQUE
OF FOLLOWING EMPLOYEES

No

Name
of the employee

Due
Amount

C.

No.

Amount

C.

No.

Amount

Total
paid

1.

Ratilal
M Patel

Dt.24.9.2011

45000

128116

45000

0

0

45000

2.

Shyambabu

Dt.21.9.2011

74852

128112

37426

128113

37426

74852

119852

119852

TOTAL
PAYMENT MADE INCLUDING DD & CHEQUE

651487

PAYMENT
ALREADY MADE FOR BELOWMENTIONED EMPLOYEES

NO

Name
of the employee

Due
Amount

DD
No.

Date

Total
Paid

1.

Motibhai
Punjabhai

9000

35237

4.10.2010

9000

2.

Ratilal
M Patel

46875

35240

4.10.2010

46875

It
is informed that cheques will be taken back by the
respondent-employer and demand drafts will be issued in favour of the
employees.

5. In
view of the fact that the petitioner-employees who have agitated the
matter before this Court in this case have now been paid full amount
to their satisfaction, subject to the return of the cheques and
getting three drafts, as aforesaid, no further order is required to
be passed in this case.

6. The
writ petition stands disposed of.

(S.J.

MUKHOPADHAYA, CJ.)

(J.B.

PARDIWALA, J.)

zgs/-

   

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