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2026 DAILYLAW 5975 (GUJ)

STATE OF GUJARAT v. JAYESHBHAI LALLUBHAI VARLI

SCA/14322/2020 · 2026-01-29

Hemant M Prachchhak

body2026

Judgment text

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C/SCA/14322/2020 ORDER DATED: 29/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14322 of 2020 ================================================================ STATE OF GUJARAT & ANR. Versus JAYESHBHAI LALLUBHAI VARLI & ANR. ================================================================ Appearance: MS AGNEYA MANKAD, ASST. GOVERNMENT PLEADER for the Petitioner(s) No. 1,2 DELETED for the Respondent(s) No. 2 RULE SERVED for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 29/01/2026 ORAL ORDER 1. Present petition is filed by the petitioners – State Authorities under Articles 226 & 227 of the Constitution of India against the Judgment and Award dated 31.08.2018 passed by the Controlling Authority, Valsad under Payment of Wages Act in Pagar Dhara Application No. 18 of 2010, whereby, the learned Controlling Authority has awarded a sum of Rs.20,354.40ps. to the respondent herein in lieu of the prayers sought by the respondent in the original Pagar Dhara Application. 2. Brief facts giving rise to the present petition are that, the respondent herein was a permanent employee of the petitioner authorities since 2004 and was serving as a watchman. That, the respondent had preferred Pagar Dhara Application No. 18 of 2010 before the learned Controlling Authority under the Payment of Wages Act at Valsad seeking three prayers viz., (a) To release leave encashment occurred in his service amounting to of Rs. 8,326.60/- for p. 2 C/SCA/14322/2020 ORDER DATED: 29/01/2026 the period of 2007 to 2009. (b) To release payment of the number of the days he had worked for in the month of February, 2010 to October, 2010 stating that the Authority herein had calculated lesser number of days then what he had worked for and had paid him accordingly an amount of Rs. 20,354.40/-. (c) To release payment for the weekly holidays for a period of January 2009 to October 2010 amounting to Rs. 14,803.20/-. That, after hearing both the parties the learned Authority partly allowed the application of the respondent herein vide award dated 31.08.2018 and directed the petitioner authorities to pay a sum of Rs. 20354.40/- to the respondent. 3. Being aggrieved and dissatisfied with the aforesaid Award dated 31.08.2018 passed by the Controlling Authority, Valsad in Pagar Dhara Application No. 18 of 2010, the petitioners have preferred the present petition. 4. Heard Ms. Agneya Mankad, learned Assistant Government Pleader, appearing for the petitioners. 5. Though various grounds have been raised in the memo of petition, the fact remains that the total amount involved in the petition is only Rs.20,354.40ps., which is a very small amount. Considering the smallness of amount, this Court deems it fit not to exercise jurisdiction under Articles 226 & 227 of the Constitution of India. Accordingly, without entering into the merits of the matter only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other matters, the petition is dismissed. There shall be no order as to costs. Page 2 of 3 C/SCA/14322/2020 ORDER DATED: 29/01/2026 6. The petitioner is directed to deposit the amount as awarded by the Controlling Authority and the same shall be disbursed in favour of the respondent-employee, after verifying his bank details and after following due procedure, through RTGS/NEFT, within a period of eight weeks from the date of receipt of order of this Court. (HEMANT M. PRACHCHHAK,J) Dolly