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MCA/1295/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 1295 of 2011
In
MISC.CIVIL
APPLICATION No. 2043 of 2010
In
LETTERS PATENT APPEAL No. 20 of 2008
=========================================================
MEGHJIBHAI
MOHANBHAI SAGAR - Applicant(s)
Versus
B
S KOTHIA THE MANAGER - Opponent(s)
=========================================================
Appearance
:
MRS
NASRIN N SHAIKH for
Applicant(s) : 1,
MR SACHIN D VASAVADA for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 19/07/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present petition is the order dated 20.10.2010 passed by
this Court in Misc. Civil Application No.2043 of 2010 in Letters
Patent Appeal No.20 of 2008 whereby direction was given to calculate
gratuity until the date of superannuation and to pay the same with
interest at the rate of 10% per annum.
After
the notice was issued by this Court on 29.6.2011,
this Court had passed the following order.
“1. Mr.
Vasavda, learned counsel for the respondent by relying upon the
contents of the affidavit-in-reply pressed in service the order
passed by the appellate authority whereby the matter was remanded to
the Labour Court and its confirmation thereof by this Court in
Special Civil Application No.4186 of 2011 whereas the learned counsel
for the petitioner stated that on 19.05.2011 after remand again the
award has been passed by the Labour Court whereby the termination is
held to be illegal and from the date of termination until the date of
retirement all consequential benefits are ordered to be paid.
2. Under
the circumstances we find that it would be required for respondent to
comply with the direction of this Court (Coram: Hon’ble the Chief
Justice Mr.S.J.Mukhopadhaya and Hon’ble Mr.Justice K.M.Thaker) dated
20.10.2010 in Miscellaneous Civil Application No.2043 of 2010 to pay
the amount of gratuity with the interest @ 10% per annum. Such
direction reads as under:
“However,
if for the purpose of payment of gratuity, the period of service
between 26.11.1999 (the date of termination) and 31.3.2004 (the date
of superannuation) has not been counted, the bank is liable to count
the said period for payment of gratuity in favour of the appellant –
respondent to the writ appeal and must pay it within a period of one
month, with 10% interest in terms of the order dated 7.5.2008 passed
by the Division Bench in Letters Patent Appeal No. 20 of 2008 stands
clarified to the extend above.”
3. We
would have further taken action in this regard for breach and
non-compliance to the aforesaid portion of the order. However,
Mr.Vasavda, learned counsel for the respondent states that the said
amount shall be deposited with this Court on or before 08.07.2011.
Stand over to 12.07.2011, for reporting compliance and further
orders.”
It
appears that the amount was not fully deposited and, therefore, this
Court further passed order on 12.7.2011 as under.
“As
such the order is already passed on 29.06.2011 and the respondent had
to deposit the amount.
Mr.Vasavada
states that the amount has been deposited as if his service was upto
26.11.1999 as per the salary prevailing then. However, he now states
that after taking into consideration the order passed by this Court,
gratuity will be counted upto 31.03.2004 as per the prevailing salary
and the further amount if any required to be deposited shall be
deposited with the calculation on or before 18.07.2011. S.O. to
19.07.2011.”
Thereafter
today when the matter is taken up for hearing, learned counsel
tendered calculation and it has been stated that total amount of
Rs.2,83,509/- has been deposited. However, he submitted that as the
appeal is pending before the Industrial Court and the stay
application is also to come up for hearing within short time,
withdrawal may not be permitted till the stay application is decided.
Learned counsel for the applicant submitted that period so
provided may not be indefinite but it may be restricted for a
particular period only.
Considering
the facts and circumstances, it appears that the amount has already
been deposited with this Court and is lying with this Court. It can
be said that the order is complied with and the cause of the
applicant may not continue further. However, as the question of
withdrawal is also required to be considered, it will be for the
respondent bank to get suitable order in the appeal before the
Industrial Court and in the event any stay is not granted against the
judgment and award of the Labour Court within a period of 15 days
from today, the applicant shall be at liberty to withdraw the amount
deposited with this Court in the present proceedings.
It
is also observed and directed that in the event any interim stay is
granted in the appeal pending before the Industrial Court, rights and
contentions of both the sides shall stand governed accordingly. The
present petition is disposed of in terms of the aforesaid order.
(JAYANT
PATEL,J)
(R.M.CHHAYA,J)
pathan
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