Indian Kanoon - Search engine for Indian Law

Gujarat High Court

Ahmedabad Municipal Corporation vs Jayeshkumar Bachubhai Patel on 1 December, 2023

                                                                                       NEUTRAL CITATION




     C/SCA/20139/2023                                   ORDER DATED: 01/12/2023

                                                                                        undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 20139 of 2023

==========================================================
                   AHMEDABAD MUNICIPAL CORPORATION
                               Versus
                     JAYESHKUMAR BACHUBHAI PATEL
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3
==========================================================

 CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                 Date : 01/12/2023

                                   ORAL ORDER

1. This petition is filed challenging the award of the Labour Court, Ahmedabad dated 04.02.2023 in Reference (T) Case No.505 of 2002.

2. Heard Mr.H.S.Munshaw, learned advocate for the petitioner. He submitted that the award is erroneous since respondent No.1- workman was appointed by Bopal Gram Panchayat through resolution dated 29.01.2000 on temporary and ad-hoc basis on fixed remuneration of Rs.1,200/- per month. The said resolution was suspended by Taluka Development Officer, Taluka: Daskoi, Ahmedabad in exercise of his powers as envisaged under the provisions of The Gujarat Panchayats Act,1993. Therefore, there was no reason for the Gram Panchayat to continue respondent- workman. However, Page 1 of 3 Downloaded on : Fri Dec 01 20:47:18 IST 2023 NEUTRAL CITATION C/SCA/20139/2023 ORDER DATED: 01/12/2023 undefined services of respondent - workman were continued and he was relieved on 11.03.2002 by the Bopal Gram Panchayat. Thus, respondent-workman rendered only two years of services on ad-hoc basis and therefore, grant of lumpsum compensation of Rs.50,000/- is erroneous. He submitted that since limit of Gram Panchayat has been merged into Ahmedabad Municipal Corporation, the petitioner - corporation is liable to pay the said compensation and it would be burden to the public ex- chequer. Therefore, the order deserves to be quashed and set aside.

3. Considered the submissions. It is not in dispute that the respondent-workman had worked with Bopal Gram Panchayat from 29.04.2000 to 11.03.2002. He was appointed pursuant to the resolution of Bopal Gram Panchayat and continued despite suspension of resolution.

4. Considering the period of service and considering the amount involved, this Court is of the opinion that the petition is required to be disposed of only on the ground of smallness of amount involved. Accordingly, without going into the merits, this petition is disposed of on the ground of smallness of amount.

NEUTRAL CITATION C/SCA/20139/2023 ORDER DATED: 01/12/2023 undefined It is once again made clear that this Court has not gone into the merits of the matter and by keeping the issues open, this petition is disposed of only on the ground of smallness of amount. Needless to say, that this order shall not be treated as a precedent.

(MAUNA M. BHATT,J) DIPTI PATEL Page 3 of 3 Downloaded on : Fri Dec 01 20:47:18 IST 2023