State of Gujarat v. Hiraben Keshaji Thakor W/o Keshaji Jagaji Thakor
2016-06-28
R.SUBHASH REDDY, VIPUL M.PANCHOLI
body2016
DigiLaw.ai
JUDGMENT : R. Subhash Reddy, J. This Letters Patent Appeal is filed by the respondents in Special Civil Application No. 13545 of 2015 aggrieved by the order of the learned Single Judge dated 15.09.2015. 2. The respondent herein is the widow of one Shri Keshaji Jagaji Thakor, who has filed the Special Civil Application with the prayers, which read as under: "7A. This Hon'ble court may be pleased to issue a writ of mandamus or any other appropriate writ, order, direction declaring that the inaction of the respondents in not paying the pension and other retirement benefits payable to the husband of the petitioner and after his death family pension to the petitioner as illegal, unjust, arbitrary and violative of Article 14 of the Constitution of India and be pleased to direct respondents to pay family pension and other retirement benefits to the petitioner which are available to the husband of the petitioner with 12% interest. B. This Honourable court be pleased to declare that the amount of family pension and other retirement benefits were illegally withheld by the respondents and hence be pleased to direct the respondents to pay the same to the petitioner with 12% interest. C. Pending admission and final hearing of the petition, be pleased to direct the respondents to start paying the family pension to the petitioner, forthwith. D. Be pleased to direct the respondents to pay special cost and compensation to the petitioner which may be recovered from the personal salary of the erring officer. E. Any other relief/relief’s which this Hon'ble Court deems fit and proper in the interest of justice." 3. The learned Single Judge by considering the defence put forth by the appellants herein, allowed the Special Civil Application and directed the appellants to pay the pensionary benefits and other consequential benefits qua the husband of the respondent herein with interest at the rate of 9% per annum. Such benefits shall be extended within the period of 12 weeks from the date of passing of the aforesaid order, failing which it carries interest at the rate of 12% per annum from the date of her entitlement. 4. The learned Single Judge has extracted various Government Resolutions. It is not necessary to extract the said Government Resolutions in the present order.
4. The learned Single Judge has extracted various Government Resolutions. It is not necessary to extract the said Government Resolutions in the present order. At the same time, it is not in dispute that the husband of the respondent had worked for more than 15 years as a daily wager with the appellants. At the first instance, there was Government Resolution issued by the Roads & Buildings Department to extend certain benefits for the daily wagers, who have completed 5 years, 10 years and 15 years of service. Subsequently, another Government Resolution is issued on 15.09.2014 by the Forest Department to extend similar benefits to the daily wagers of the Forest Department. Relevant portion of the aforesaid Government Resolution dated 15.09.2014, which is applicable to the husband of the respondent herein, which is relevant for the purpose of disposal of this appeal reads as under: "(3) As per provision of section 25 (B) of the Industrial Disputes Act, after placing the daily wagers, who have completed 15 (fifteen) years on 29/10/2010 or thereafter, in the prevailing pay scale of Rs. 4440-7440, they will be entitled to draw pay, grade pay Rs. 1300 and dearness allowance and local compensatory allowance on them. It is held to give them benefits such as retirement pay, gratuity and Contributory Pension Scheme, 2005, etc. as per prevailing rules. In addition to this, they will be entitled to avail 2 Optional Leaves, 12 Casual Leaves, 30 Earned Leaves and 20 Half Pay Leaves per year. They will also be entitled to avail holiday on Sunday as well as on national festival. It is held to give 1 (one) increment to those daily wagers, who have completed 15 (fifteen) years on 29/10/2010, in the prevailing pay scale of Rs. 4440-7440 (Grade pay Rs. 1300), 2 (two) increments to those daily wagers, who have completed 20 years and 3 (three) increments to those daily wagers, who have completed more than 25 (twenty-five) years and accordingly, their pay will have to be fixed on 29/10/2010." 5. In this case, it is not in dispute that when gratuity was not paid as contemplated under the provisions of Payment of Gratuity Act, 1972, the workman - husband of the respondent had approached the authority under the Payment of Gratuity Act, 1972, the said authority has ordered payment of gratuity and such order has become final. 6.
In this case, it is not in dispute that when gratuity was not paid as contemplated under the provisions of Payment of Gratuity Act, 1972, the workman - husband of the respondent had approached the authority under the Payment of Gratuity Act, 1972, the said authority has ordered payment of gratuity and such order has become final. 6. When pensionary benefits are not extended, the Special Civil Application is filed. Such claim is based on Government Resolution dated 15.09.2014. The only defence put forth by the appellants herein, to oppose the relief granted to the workman, is that the workman-husband of the respondent was not in service as on 29.10.2010. After putting 22 years of service, the workman husband of the respondent herein has passed away on 11.04.2009. The learned Single Judge has rejected such contention advanced from the side of the appellants herein and extended the benefit of the Government Resolution. Even from the plain reading of the said Government Resolution, the relevant portion of which is already extracted above, we are of the view that the said benefit will apply to all those who have completed 15 years of service as daily wagers. There is no condition in the said Government Resolution stating that those who are working only on 29.10.2010 are entitled to such benefit. The directions issued by the learned Single Judge are in conformity with the Resolution issued by the Government itself. In that view of the matter, we are in agreement with the view taken by the learned Single Judge to the extent of grant of pensionary benefits. 7. However, it is contended by the learned Assistant Government Pleader appearing for the appellants that there is no reason for directing payment of interest at the rate of 9% per annum on the benefits payable to the workman-husband of the respondent. Even the learned counsel for the respondent gives consent to restrict such payment of interest only from the date of the Government Resolution, viz. 15.09.2014. We are of the view that there is no reason for grant of interest on the benefits claimed by the respondent pursuant to the Government Resolution dated 15.09.2014, for the period anterior to said Government Resolution passed by the Government.
15.09.2014. We are of the view that there is no reason for grant of interest on the benefits claimed by the respondent pursuant to the Government Resolution dated 15.09.2014, for the period anterior to said Government Resolution passed by the Government. For the aforesaid reason, while confirming the order of the learned Single Judge for grant of pensionary benefits and other consequential benefits, we modify the order to the extent of grant of interest restricting the entitlement of interest to the workman-husband of the respondent herein only from 15.09.2014 till actual payment. Further, we extend the time limit granted by the learned Single Judge to take further steps in accordance with the said Government Resolution, the appellants to make payment of said benefits within the period of 6 (six) weeks from today. 8. The Letters Patent Appeal is allowed to the extent indicated above. No order as to cost. 9. As the Letters Patent Appeal is allowed, no orders on the Civil Application. The Civil Application is disposed of accordingly. Letters Patent Appeal allowed to an extent.