Gujarat High Court Case Information System
Print
MCA/111/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 111 of 2011
In
SPECIAL
CIVIL APPLICATION No. 4985 of 2009
=========================================================
VIJAYSINH
GUNWANTSINH PANDAV - Applicant(s)
Versus
DIVISIONAL
CONTROLLER - Opponent(s)
=========================================================
Appearance
:
MR
IS SUPEHIA for
Applicant(s) : 1,
MR HS MUNSHAW for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 25/02/2011
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
In
this application, notice has been issued by this Court on 20th
January, 2011 and made it returnable on 18th February,
2011.
Special
Civil Application No.4985 of 2009 has been decided by this Court on
30th April, 2010, where, this Court has passed final
order. The relevant Para 11 is quoted as under :
“11. Therefore,
order passed by Labour Court in Recovery application No.240/2003
dated 27/1/2009 is hereby quashed and set aside. It is directed to ST
Corporation to pay 75% wages for a period of 16.9.2002 to 13.5.2003
within a period of two months from date of receiving copy of present
order. Accordingly, present petition is allowed. Rule is made
absolute to that extent.”
In
view of aforesaid direction issued by this Court against ST
Corporation to pay 75% wages for a period of 16th
September, 2002 to 13th May, 2003 within a period of two
months from date of receiving copy of present order. Accordingly, ST
Corporation has deposited Rs.64,425/- in registry of this Court on
11th August, 2009, hence, said amount is not received by
present applicant. Therefore, Misc. Civil Application No.2436 of 2010
has been preferred by applicant, where, this Court has passed an
order on 26th October, 2010. Relevant Para 2 is quoted as
under:
“2. Therefore,
in light of these averments made in para 4 and 5 and also considering
fact that the averments made in this application are supported by
affidavit of applicant, let, registry of this Court may verify from
record whether opponent Divisional Controller, Junagadh Division has
deposited aforesaid amount or not and if ultimately it if found that
such amount has been deposited by opponent in registry of this Court,
then, it is directed to registry of this Court, then, it is directed
to registry of this Court to pay aforesaid amount of Rs.64425.00 by
way of an account payee cheque drawn in favour of present applicant
Vijaysinh Gunwantsinh Pandav after proper verification and at the
time of issuing cheque in favour of present applicant, let, applicant
may also produce on record No Objection from learned Advocate Mr. HS
Munshaw who was appearing before this Court for Corporation in
Special Civil Application No.4985 of 2009 and, thereafter, aforesaid
amount is to be paid by registry of this Court by way of an account
payee cheque to present applicant as per order passed by this Court
today. This order has been passed by this court in absence of present
opponents because inspite of issuance of notice by this Court,
opponents have not appeared before this Court either in person or
through an advocate and, therefore, this Court has passed present
order in absence of opponents while taking care that at the time of
issuance of cheque in the name of present applicant, let learned
advocate Mr. HS Munshaw may be consulted and if no objection is given
by him, then, account payee cheque is to be issued in the name of
present applicant after proper verification.”
On
23rd November, 2010, one letter was addressed to learned
advocate Mr. Munshaw by learned advocate Mr. Supehia with regard to
give ‘No Objection’ for withdrawing amount of Rs.64,425/- from
registry of this Court, but, learned advocate Mr. Munshaw appearing
on behalf of opponent at this stage submitted that no written
instructions have been received from Corporation, therefore, he is
not able to give ‘No Objection’ to learned advocate Mr. Supehia.
Learned
advocate Mr. Munshaw submitted that after receiving notice by
Corporation in present application, he received one letter dated 7th
February, 2011 from Divisional Controller, Junagadh, where, according
to Corporation, out of Rs.64,425/-, applicant is entitled to receive
only amount of Rs.54,387/- and except that, Rs.10,038/- is to be
recovered by way of refund from registry of this Court. Along with
that, calculation has been also annexed by opponent. S.T. Corporation
has calculated 75% back wages for period from 16th
September, 2002 to 13th May, 2003, which total comes to
Rs.54,387/-. However, in the said letter, calculation has been made
by Accounts Officer, where, it is made clear that as per interim
order passed by this Court, the amount comes to Rs.64,425/-.
In
light of this background and considering letter written by Divisional
Controller, ST Corporation, Junagadh with calculation, according to
my opinion, direction which was issued by this Court in Special Civil
Application No.4985 of 2009 as referred above, the Corporation has
deposited Rs.64,425/- before registry of this Court, therefore,
subject to calculation which has been made by ST Corporation,
Junagadh, it is directed to registry of this Court to pay Rs.64,425/-
by account payee cheque in name of Vijaysinh Gunvantsinh Pandav after
proper verification and aforesaid cheque is to be handed over to
learned advocate Mr. I.S. Supehia appearing on behalf of applicant
who will give receipt to registry of this Court for receiving account
payee cheque on behalf of present applicant.
In
view of above observations and directions, present Misc. Civil
Application is disposed of.
[H.K.
RATHOD, J.]
#Dave
Top