Jivabhai Bopalbhai Chauhan vs. District Collector

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 1538 of 2020

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JIVABHAI BOPALBHAI CHAUHAN Versus DISTRICT COLLECTOR

========================================================== Appearance: MR PRIYANK P JHAVERI(5303) for the Petitioner(s) No. 1 GOVERNMENT PLEADER(1) for the Respondent(s) No. 1,2,3 ==========================================================

CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

Date : 24/02/2020

ORAL ORDER

1. This is a petition seeking following reliefs:

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(A) This Honorable Court be pleased to admit and allow this petition. The Honorable Court be pleased to issue a writ of mandamus of any appropriate writ or direction directing the respondent No.1 to recover the amount as per Recovery Certificate issued by learned Controlling Authority, Surendranagar on 12.03.2018.

(B) Pending the admission, hearing and final disposal of this petition, this Honorable Court be directing the Respondent no.1 to produce the report mentioning the action taken by Respondent No.1 pursuant to Recovery Certificate issued by learned Controlling Authority, Surendranagar on 12.03.2018.

(C) This Honorable Court be pleased to grant such other and further relief as may be deemed fit and proper in the interest of Justice."

2. The petitioner was working with respondent No.2 as a labour since 01.10.2018 and he retired on 31.03.2016.

3. The petitioner had preferred a Gratuity Application No.67 of 2016 against respondent Nos.1 and 2. The Controlling Authority under the Gratuity Act allowed the said Gratuity Application and directed respondent Nos.2 and 3 to pay the sum of Rs.2,62,500/(Rupees Two Lakh Sixty Two Thousand Five Hundred Only) along with the interest from 28.09.2016 vide its order dated 05.04.2017.

4. The petitioner informed the respondents by communication dated 08.05.2017 in relation to the said order of the Controlling Authority, no heed was paid. Thereafter, he had approached various dignitaries for being disappointed by the approach adopted by the respondents. Eventually, the Revenue Authority wrote a letter to respondent No.1 to initiate the actions in relation to the said Recovery Application. Since nothing has been done, he is before this Court with the aforementioned reliefs.

5. This Court issued the notice for final disposal on 23.01.2020. Today, the affidavitinreply is filed by learned Assistant Government Pleader, Mr.Nikunj Kanara, wherein the respondentKalidas Somdas Patel, Mamlatdar of respondent No.1 has stated that he has already issued the notice subsequent to the court's order on 23.01.2020 seeking the recovery of amount of gratuity. The same shall be without fail recovered within a period of one week.

6. This Court has heard the learned advocate, Mr.Priyank Jhaveri and learned Assistant Government Pleader, Mr.Nikunj Kanara.

7. This Court notices that the earlier order was passed where the direction was issued by the authority concerned to pay Rs.2,62,500/ (Rupees Two Lakh Sixty Two Thousand Five Hundred Only) and also the interest from 28.09.2016 to 05.05.2017 at the rate of 10%, which was working out to be Rs.15,966/. Thus the total amount of Rs.2,78,466/ (Rupees Two Lakh Seventy Eight Thousand Four Hundred Sixty Six Only) was what needed to be paid by the private respondents to the petitioner when he communicated to the Forest Department on 08.05.2017.

8. Much water has flown, thereafter the certificate was issued late under Section 8 of the Payment of Gratuity Act, 1972 on 12.03.2018 and this has been addressed to the District Collector, who has acted only by issuing the notice, however, no recovery is effected till date. Learned Assistant Government Pleader ensures that the same will be done within a period of 10 days. Therefore, he has urged that no further action is to be directed against any of the authorities.

9. Considering the fact that there is already a direction for not only the principal amount, but the 10% of interest on the arrears, let the recovery be effected for the entire sum along with the interest, which shall be done within a period of two weeks, without fail.

10. The matter is being posted on 09.03.2020. If the recovery is not effected by then, the respondent No.1District Collector will be answerable for this.

(MS SONIA GOKANI, J)

M.M.MIRZA