SHAKARLAL JERAMBHAI BHADRA(deceased)versusTHE COMMISSIONER, JAMNAGAR MUNI. CORPORATION
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The High Court held that due to the smallness of the amount, it will not exercise jurisdiction under Articles 226 and 227 and dismissed the petition.
Summary
The petitioner, representing the legal heirs of the deceased workman, filed a special civil application under Articles 226 and 227 of the Constitution of India challenging a Labour Court order that directed the respondent, Jamnagar Municipal Corporation, to pay Rs.75,000. The High Court examined the petition but noted that the amount involved was nominal. On the ground of the smallness of the claim, the Court decided not to exercise its constitutional jurisdiction and dismissed the petition without addressing the merits. The Court directed the respondent to deposit the amount within eight weeks, after which it will be released to the heirs via RTGS/NEFT. The order was issued by Justice Hemant M. Prachchak and the notice was discharged.
Issues considered
- Whether the High Court can exercise jurisdiction under Articles 226 and 227 of the Constitution for a claim of Rs.75,000
- Whether the petition should be dismissed on the ground of the smallness of the amount
Legislation cited
- Constitution of Indias. Article 226, s. Article 227
Subjects
Judgment
C/SCA/10300/2022 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10300 of 2022
==========================================
SHAKARLAL JERAMBHAI BHADRA(deceased) & ORS.
Versus
THE COMMISSIONER, JAMNAGAR MUNI. CORPORATION
==========================================
Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for
the Petitioner(s) No. 1
MR HASIT H JOSHI(2480) for the Petitioner(s) No. 1.2
MR HS MUNSHAW(495) for the Respondent(s) No. 1
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 05/02/2026
ORAL ORDER
1. By way of present petition under Article 226 and 227 of the
Constitution of India, original petitioner has challenged the order
dated 18.02.2022 passed by the learned Presiding O;cer, Labour
Court, Jamnagar in Reference Case No.10 of 2011 and directed the
respondent to pay Rs.75,000/-.
2. Heard learned counsel for the petitioner and learned counsel for
the respondent.
3. 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.75,000/-. Considering the smallness of amount, this
Court deems it @t not to exercise jurisdiction under Articles 226 and
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C/SCA/10300/2022 ORDER DATED: 05/02/2026
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 clari@cation that this may not be considered as precedent in
other matters, the petition is dismissed.
4. If the amount is not deposited by the respondent, the same
shall be deposited within a period of eight weeks from the date of
receipt of order of this Court. Once the amount is deposited, the same
shall be disbursed in favour of the legal heirs of the workman, after
verifying their bank details and after following due procedure, through
RTGS/NEFT. Notice is discharged.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/02/2026 16:26:36
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