Dhirubhai Chhitubhai Patel & 37 vs Collector & on 4 March, 2014

[Cites 1, Cited by 0]

Gujarat High Court

Dhirubhai Chhitubhai Patel & 37 vs Collector & on 4 March, 2014

Bench: S.R.Brahmbhatt

        C/SCA/1619/2010                                    JUDGMENT




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 SPECIAL CIVIL APPLICATION NO. 1619 of 2010
                                       With
                  SPECIAL CIVIL APPLICATION NO. 1714 of 2012


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE S.R.BRAHMBHATT

================================================================

1   Whether Reporters of Local Papers may be allowed to see the judgment
    ?

2   To be referred to the Reporter or not ?

3   Whether their Lordships wish to see the fair copy of the judgment ?

4   Whether this case involves a substantial question of law as to the
    interpretation of the Constitution of India, 1950 or any order made
    thereunder ?

5   Whether it is to be circulated to the civil judge ?

================================================================
                DHIRUBHAI CHHITUBHAI PATEL & 37....Petitioners
                                 Versus
                       COLLECTOR & 1....Respondents
================================================================
Appearance:
(MR DIPAK C RAVAL), ADVOCATE for the Petitioners No. 2 , 8 - 9 , 12 , 16 ,
21 , 25 - 26 , 28 - 29 , 33
M/S ANAND ADVOCATES, ADVOCATE for the Petitioners No. 1 , 3 - 7 , 10 -
11 , 13 - 15 , 17 - 20 , 22 - 24 , 27 , 30 - 32 , 34 - 38
MR PY DIVYESHVAR, ADVOCATE for the Petitioners No. 1 , 3 - 7 , 10 - 11 ,
13 - 15 , 17 - 20 , 22 - 24 , 27 , 30 - 32 , 34 - 38
MR. KUNAN NAIK for M/s TRIVEDI & GUPTA for Respondent No.2
================================================================

        CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT



                                 Page 1 of 3
         C/SCA/1619/2010                                  JUDGMENT




                              Date : 04/03/2014


                          COMMON ORAL JUDGMENT

1. Heard learned advocate Mr. P.Y. Divyeshvar for the petitioners. Rule. Mr. Kunan Naik waives service of notice of rule for respondent no.2. With the consent of learned advocates for the parties rule is fixed forthwith.

2. Shri Divyeshvar for the petitioners submits that in fact these two matters were also forming part of the group matters being Special Civil Application No. 9045 of 2009 with connected matters, which came to be disposed of by this Court vide order dated 03/11/2012,where under the Court directed the concerned Collector for implementing and recovering the amount in the certificate mentioned. Letters Patent Appeal No. 1064 of 2013 in Special Civil Application No. 9898 of 2009 with connected matters preferred by respondent no.2 have also been dismissed, however with specific observation qua saving the respondent no.2 company's entitlement to adjust or recover the amount in case of their preferring some proceedings against the original order of the competent authority under the Gratuity Act. It is submitted that, therefore, these matters be disposed of with a direction to the Collector concerned to abide by the directions given in earlier order dated 3/11/2012 and the said order may inure in favour of the present petitioners also.

3. Shri Kunan Naik could not controvert these facts. However he submits that the liberty which is reserved by the Court in Letters Patent Appeal No. 1064 of 2013 in Special Civil Application No. 9898 of 2009 with connected matters decided on 20/11/2013 may specifically be incorporated in the present order also.

Page 2 of 3

C/SCA/1619/2010 JUDGMENT

4. The Court is of the view that in light of the aforesaid submissions these petitions are also required to be disposed of with an observation that the order and reasonings in the order dated 3/11/2012 which was subject matter of consideration by the Division Bench in Letters Patent Appeal No. 1064 of 2013 in Special Civil Application No. 9298 of 2009 which came to be dismissed vide order dated 20/11/2013 with aforesaid observation and liberty be applicable to the present petitioners also on the same terms & conditions, meaning thereby the concerned Collector shall enforce the certificate issued within a period of 90 days (ninety days) from the date of receipt of writ of the order. However it is clarified, as it is clarified in the order dated 20/11/2013 by the Division Bench in Letters Patent Appeal No. 1064 of 2013 in Special Civil Application No.9298 of 2009, as under:

" It is needless to mention that even after the execution of the order if, ultimately, the order of the controlling authority is set-aside or modified by any lawful authority, the amount realized by the respondent will abide by the said decision."

5. Petitions are disposed of as allowed. Rule made absolute in both the petitions. However, there shall be no order as to costs.

(S.R.BRAHMBHATT, J.) vgn Page 3 of 3

Unlock Advanced Research with PRISMAI

Gujarat High Court