Gujarat High Court
State Of Gujarat vs Kidiyabhai Hemabhai on 8 September, 2018
Author: B.N. Karia
Bench: B.N. Karia
C/SCA/16586/2006 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LOK ADALAT
R/SPECIAL CIVIL APPLICATION NO. 16586 of 2006
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R/SPECIAL CIVIL APPLICATION NO. 10207 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10208 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10209 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10210 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10211 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10212 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10213 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10214 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10215 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10216 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10217 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10218 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10219 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10220 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10221 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10222 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10223 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10224 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10225 of 2012
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C/SCA/16586/2006 ORDER
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R/SPECIAL CIVIL APPLICATION NO. 10226 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10227 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 10228 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4413 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4414 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4415 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4416 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4417 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4418 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4419 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4420 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4421 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4422 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4423 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4424 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4425 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4426 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4427 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4428 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4429 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4430 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4431 of 2012
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C/SCA/16586/2006 ORDER
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R/SPECIAL CIVIL APPLICATION NO. 4432 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4433 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4434 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4435 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4436 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4437 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4438 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4439 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4440 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 4441 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 7195 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 7202 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 7204 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 7210 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 7235 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 7237 of 2012
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R/SPECIAL CIVIL APPLICATION NO. 7238 of 2012
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STATE OF GUJARAT
Versus
KIDIYABHAI HEMABHAI & Ors.
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Appearance :
Mr RUTVIJ OZA, AGP for the PETITIONERS
Mr DIPAK R DAVE, Advocate for the respective RESPONDENTS
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C/SCA/16586/2006 ORDER
CORAM: HONOURABLE Mr. JUSTICE B.N. KARIA
th
8 September 2018
COMMON ORDER
By means of filing settlement purshis in respective writ applications, learned AGP Shri Rutvij Oza appearing for the petitioner-State of Gujarat has stated at the bar that the dispute between the petitioner-State of Gujarat and the respective respondents-workmen has been amicably settled and a settlement purshis dated 10th August 2018 duly signed by the authorized person; Asstt. Government Pleader and representative of the respondent is brought on the record. The said settlement pursis is also duly signed by Shri S.M Bhambania, Secretary, Jayhind General Kamdar Union; representative of the petitioner-State and counter endorsed by Shri S.K Srivastava, Chief Conservator of Forest, Vadodara alongwith learned advocates appearing for the respective sides. The said Settlement pursis dated 10th August 2018 along with settlement pursis tendered in respective writ applications enumerated hereinabove are ordered to be taken on record.
On bare perusal of the settlement purshis dated 10th August 2018, it appears that on behalf of respective Page 4 of 8 C/SCA/16586/2006 ORDER respondents, one Jayhind General Kamdar Union proposed an amicable settlement in respect of all the disputes between the petitioner-State and 546 respondents-workmen.
A detailed pursis dated 10th August 2018 is filed in Special Civil Application No. 16586 of 2006 which covers interest of 546 respondents-workmen engaged in the service of the petitioner-State of Gujarat.
As per the settlement purshis, in a full and final settlement of all the claims, the petitioner-State shall pay an amount of Rs. 1,90,000/= [Rupees One Lac Ninety Thousand only] to 250 persons as shown in Annexure-A, and a sum of Rs. 90,000/= [Rupees Ninety Thousand only] to each of the 296 persons; as shown in the second list at Annexure-B to the said settlement. The difference in the amount of settlement is worked out in terms of the years of service rendered by each of the workmen. It is stated that 250 persons enlisted in Annexure-A to the settlement purshish have completed more than 7 years of service, and whereas, those 296 persons enlisted at Annexure B thereto, have completed less than seven years of the services. All these 546 persons are the respective respondents in this group of matters placed for disposal today. Page 5 of 8 C/SCA/16586/2006 ORDER
It is further stated in the said Settlement purshis dated 8th August 2018 that the aforestated amount shall be received by all the 546 persons against full and final settlement of their dues and claims and there shall be no further claim against the State. The Settlement pursis further clarifies that the Awards passed in respective proceedings shall stand modified accordingly qua the said 546 workmen, and the orders passed by the competent authority under the Minimum Wages Act, 1948 also shall stand modified in the said terms. As per the terms of the settlement, upon compliance of the requisite conditions, payment shall be made directly to the above stated 546 persons, or their legal heir/representative; in case of death of any of the member, upon furnishing proper authentication of their identity within a period of eight weeks by the petitioner-State. This settlement has been signed by Shri S.M Bhambania, Secretary, Jayhind General Kamdar Union and Shri MM Sharma, Principal Chief Conservator of Forests, Gujarat State; presented by Shri S.K Srivastava, Chief Conservator of Forests, Gujarat State, Vadodara and the learned advocates appearing on behalf of the respective sides. Page 6 of 8 C/SCA/16586/2006 ORDER
The said settlement pursis dated 10th August 2018 arrived at by and between the parties in Special Civil Application No. 16586 of 2006 and those settlement pursis dated 8th September 2018 drawn in respect of Special Civil Applications No. 4413 to 4441 of 2012; SCA No. 10207 to 10228 of 2012; SCA No. 7195 of 2012; SCA No. 7202 of 2012; SCA No. 7204 of 2012; SCA No. 7210 of 2012; SCA No. 7235 of 2012; SCA No. 7237 of 2012 and SCA No. 7238 of 2012 are ordered to be maintained on the record of each case.
Learned advocate Shri Dipak Dave appearing for the respective respondents in each of the writ applications has stated at the bar that no claim will be raised by the respondents against the Government in respect of their claim which has been settled by them through these purshis and confirms that no litigation would be kept pending before the Labour Court or any Tribunal, or before any Court of law in respect of the present settled claims qua these respondents herein.
Learned AGP Shri Rutvij Oza appearing for the petitioner-State stated that certain amount have been deposited by the petitioner-State in the registry of this Court in connected proceedings, pending/disposed off cases. He Page 7 of 8 C/SCA/16586/2006 ORDER requested this Court to allow the State Government to withdraw the same, with a view to pay it to the respective respondents within the time agreed upon. Learned advocate Shri Dipak R Dave appearing for the respective respondents has no objection to this proposition.
Considering the request made, let the registry arrange for refund of the amount deposited by it, on an application moved by the State Government along with document showing deposit of such amount/s, in any of the respective writ applications which are being disposed of by this common order. The registry shall issue account payee cheque/s; after proper verification.
Writ Applications stand disposed of accordingly. Notices issued in each case are discharged. No costs.
It is clarified that this Order is made in the peculiar facts and circumstances of the c+ase and in light of the settlement arrived at by and between the petitioner-State and respective respondents-workmen, which shall not be treated as a precedent in any pending proceeding.
[B.N Karia, J.] Chairman Prakash Page 8 of 8