Gujarat High Court
Hasmukhbhai Sivabhai Goriya vs Methodist Hospital (Mission Hospital) on 9 February, 2022
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/16786/2017 ORDER DATED: 09/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16786 of 2017
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HASMUKHBHAI SIVABHAI GORIYA & 20 other(s)
Versus
METHODIST HOSPITAL (MISSION HOSPITAL) & 2 other(s)
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Appearance:
MR.VARUN K.PATEL(3802) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,3,4,5,6,7,8,9
DARSHIT R BRAHMBHATT(8011) for the Respondent(s) No. 1
MR. AYAAN PATEL, AGP, for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 09/02/2022
ORAL ORDER
[1] This petition under Article 226 of the Constitution of India is filed by the petitioners with following prayers:-
"(a) Be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction directing the Respondent No.2 & 3 to recover the outstanding dues as per the Recovery Certificate No.2157/2016 dated 22.07.2016 issued by the Labour Court, Nadiad (Annexure-B).
(b) Be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction directing the Respondent No.2 & 3 to recover the amount of gratuity payable to about 7 petitioners as per the order dated 07.01.2015 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 in payment of Gratuity Application No.25 of 2014 and other cognate matters (Annexure-C).
[2] The petition essentially seeks direction to the respondent No.2-Collector to execute the Recovery Certificate No.2157 of 2016 dated 22.07.2016 issued by the Labour Court, Nadiad and also seeing direction to recover the amount of gratuity which is payable to seven petitioners as per the order dated Page 1 of 4 Downloaded on : Wed Feb 09 21:03:04 IST 2022 C/SCA/16786/2017 ORDER DATED: 09/02/2022 07.01.2015 passed by the Controlling Authority under the provisions of Payment of Gratuity Act, 1972 in Application No.25 of 2014 and other cognate matters.
[3] Learned advocate Mr. Varun Patel appearing for the petitioners stated that the petitioners are in precarious condition in so far as their financial situation is concerned and though after fighting a long battle and succeeding before the Labour Court, the recovery certificate was issued in the year 2016, but till date the respondent No.1 has not shown any sign of honouring the recovery certificate and therefore, the Collector is required to be directed to initiate appropriate procedure including arresting of the officers of respondent No.1 who are not complying with the recovery certificate.
[4] As against this, learned advocate Mr. Darshit Brahmbhatt appearing for respondent No.1 represented through the Director of respondent No.1 has stated on affidavit that the intention of the respondent No.1 is to honour the recovery certificate, but are not having sufficient financial means to do so. It is also submitted that the respondent No.1 is involved in charitable activity and therefore, has to rely upon the sources like donations etc. for honoring the certificate. It is submitted that however, the respondent No.1 is ready and willing to sell the immovable property of the trust after taking necessary permission from the Charity Commissioner so that the recovery certificate can be executed. However, considering the prevailing market situation as well as certain legal impediments, the respondent No.1 is unable to process the same in a time framed. It is submitted that as and when possible, under the directions of this Court, substantial amount Page 2 of 4 Downloaded on : Wed Feb 09 21:03:04 IST 2022 C/SCA/16786/2017 ORDER DATED: 09/02/2022 has been deposited before this Court to show the bonafide and even today, trust is in negotiation with prospective purchasers so that the trust receives some income to satisfy the recovery certificates.
[5] Learned Assistant Government Pleader appearing for respondent Nos.2 and 3 states that as the recovery certificates are issued, the Collector is bound to act in accordance to execute the recovery certificates and accordingly, only attachment notices have already been issued on 27.08.2015 and charge has also been created in the revenue record on 17.10.2015.
[6] In view of the aforesaid facts and circumstances, as there is no challenge to the decision of the Labour Court as well as the Controlling Authority with regards to the payment of wages or gratuity and that the recovery certificate has already been issued and considering the stand taken by the respondent No.1, it would be appropriate to direct the Collector to conclude the exercise to satisfy the recovery certificate within stipulated time.
[6.1] However, considering the stand of the respondent No.1 of efforts being made on their behalf to find a prospective purchaser to satisfy the recovery certificate, the Court deems it fit to order that the process for executing the recovery certificate by the Collector be initiated from 01.04.2022 so as to enable the respondent No.1 to explore the possibility of sell of the immovable property, available with the trust within that period before 01.04.2022. The Court also directs the Collector to conclude the proceedings of recovery in accordance with Page 3 of 4 Downloaded on : Wed Feb 09 21:03:04 IST 2022 C/SCA/16786/2017 ORDER DATED: 09/02/2022 law on or before 31.10.2022.
[7] The Court has also observed that pending the petition, as per the directions by this Court, till date the respondent No.1 has deposited an amount of Rs.25 Lakhs which in the previous orders this Court has directed to be transferred to the respective Labour Court for the purpose of disbursement.
[8] With the aforesaid observation, the petition stands allowed to the aforesaid extent. Direct Service is permitted.
(A.Y. KOGJE, J) SIDDHARTH Page 4 of 4 Downloaded on : Wed Feb 09 21:03:04 IST 2022