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MCA/423/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 423 of 2010
In
SPECIAL
CIVIL APPLICATION No. 16121 of 2005
=========================================================
JAMNABEN
R. TAVAR - Applicant(s)
Versus
HASMUKH
ADHIYA & 3 - Opponent(s)
=========================================================
Appearance :
MR
KB PUJARA for
Applicant(s) : 1,
GOVERNMENT PLEADER for Opponent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 19/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present petition under the Contempt of Court Act is for
non-compliance to the order passed by this Court dated 27.01.2009 in
SCA No.16121/05, whereby the amount of gratuity was ordered to be
paid with interest at the rate of 12% p.a. and the cost of
Rs.5,000/-.
Today
when the matter is further taken up for hearing, it has been stated
by the learned AGP that the amount of Rs.4,78,185/- has already been
deposited and it has been stated that the amount of interest and
costs has been included. It appears that as per the office report,
the amount has been deposited. We have heard the learned counsel
for both the sides on the aspects of withdrawal. This Court in the
aforesaid order dated 27.01.2009, at para 9, after giving the
directions, had further observed as under:
“However,
it is clarified that such payment shall be subject to the view, if
any, may be taken by the Division Bench of this Court in LPA No.1155
of 2005. The petitioner, if desirous, may get himself impleaded as
party in the proceedings of LPA by moving suitable application, since
the decision of the LPA Bench may affect the rights of the petitioner
in the event the LPA Bench reverse the orders passed by the learned
Single Judge in Special Civil Application No.14636 of 2003.”
It
may also be recorded that in the proceedings of LPA No.1155/05, the
LPA Bench of this Court had directed the appellant State Government
to pay the amount of gratuity in terms of the direction of this
Court, but subject to the final adjudication of the appeal.
Under
these circumstances, any resistance or objection raised by
respondent for not permitting the applicant to withdraw the amount
can hardly be sustained. At the most, the petitioner may be
required to comply with the condition as was imposed by this Court
in the order dated 27.01.2009 to the effect that in the event the
LPA Bench reverses the order passed by the learned Single Judge in
SCA No.14636/03 and it is so directed by this Court, he shall refund
the amount at par with the petitioners of SCA No.14636/03 decided
vide order dated 03.02.2005 and similar matters.
Hence,
it is directed as under:
The
petitioner shall file an undertaking to this Court that in the event
LPA Bench of this Court reverses the view taken by this Court in SCA
No.14636/03, by remaining at par with the petitioners therein and it
is so directed by this Court, the petitioner shall refund the amount
to the concerned authority. Such undertaking shall be filed within
two weeks from today.
Upon
filing of such undertaking, the petitioner shall be permitted to
withdraw the amount of Rs.4,75,185/-.
Upon
compliance of the aforesaid two directions, the disobedience of the
order would no more survive and the present proceeding shall stand
disposed of accordingly. Liberty to apply in case of difficulty.
(JAYANT
PATEL, J.)
(SMT.
ABHILASHA KUMARI, J.)
*bjoy
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