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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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