Disposed

Pratapbhai Galabbhai Pagi v. Virendrasinh Revusinh Talar, Deputy Executive Engineer

Gujarat HC2 Sept 2022MCA/576/2022

Case brief

AI extract

What is this about?

This is a contempt order regarding alleged non-compliance of an order directing payment of wages. The court noted that while wages were paid, a classification issue remained. The court held that classification is not an issue in contempt, reserved liberty for the applicant in the pendent civil application, and closed the proceedings.

What did the court decide?

Contempt proceedings were closed and the notice was discharged. Liberty to work out the complaint in the pending Special Civil Application was reserved.

Pratapbhai Galabbhai Pagi Vs Virendrasinh Revusinh Talar… — Contempt of Court | Gujarat HC (2022)

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C/MCA/576/2022 ORDER DATED: 02/09/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/MISC. CIVIL APPLICATION NO. 576 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 16750 of 2020

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============================================= PRATAPBHAI GALABBHAI PAGI

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Versus

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VIRENDRASINH REVUSINH TALAR, DEPUTY EXECUTIVE ENGINEER

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============================================= Appearance:

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MR PARESH J BRAHMBHATT(9788) for the Applicant(s) No. 1 MR CHINTAN DAVE ASSISTANT GOVERNMENT PLEADER for the Opponent(s) No. 1

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

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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR and HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 02/09/2022

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ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

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This contempt proceedings have been initiated for alleged violation of order dated 25.01.2022. On being notified, respondent has appeared and filed their reply stating thereunder that the order has been complied.

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In order to appreciate the rival contentions, it would be apt and appropriate to extract the relevant portion of the order, where-under direction has been issued to the respondent, it

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Page 1 of 3

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C/MCA/576/2022 ORDER DATED: 02/09/2022

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reads:-

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“4. Hence, the statement with regard to unemployment of the applicant remains uncontroverted. Hence, the present application is allowed. The respondents are directed to pay the wages under the provisions of Section 17B of the ID Act from the date of registration of the writ petition i.e. on 13.02.2020. As per the judgment of the Division Bench in the case of Solaris Chemtech Industries Limited versus Musa Sakur Sama, 2018 LabLic 862, 2017 (4) LabLN 683, the arrears shall also be paid to the applicant within a period of two months.”

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A plain reading of the above order would indicate that the respondents were directed to pay wages under Section 17B of the Industrial Disputes Act, from the date of registration of the writ petition i.e. 13.02.2020 and arrears was also ordered to be paid within the period of two months. The reply affidavit filed along with the enclosures would disclose that by office order dated 28.07.2022 the wages under the provisions of Section 17B of the Industrial Disputes Act, from 13.02.2020 to the tune of Rs.2,57,796/- has been paid and the receipt of the cheque is also acknowledged by the complainant. However, the learned counsel appearing for the complainant would submit that the status of the complainant has been treated as piece rated employee instead of daily wage employee. The said issue would

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Page 2 of 3

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C/MCA/576/2022 ORDER DATED: 02/09/2022

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not be in the realm of consideration in a contempt petition more particularly, when Special Civil Application is pending. As such, reserving liberty to the complainant to work out his right in the pending Special Civil Application if any, contempt proceedings stands closed. Notice stands discharged.

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(ARAVIND KUMAR,CJ)

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(ASHUTOSH J. SHASTRI, J)

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phalguni

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Page 3 of 3

Pratapbhai Galabbhai Pagi v. Virendrasinh Revusinh Talar, Deputy Executive Engineer

Case brief

What is this about?

What did the court decide?

Pratapbhai Galabbhai Pagi v. Virendrasinh Revusinh Talar, Deputy Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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