DIVISIONAL CONTROLLER, S.T. VADODARA DIVISIONversusDECEASED KISHANBHAI GAMBHIRBHAI TADVI THROUGH LH
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is dismissed, with the interest rate reduced to 6% and the petitioner directed to pay the amount within eight weeks.
Summary
The petitioner filed a special civil application under Articles 14, 226 and 227 of the Constitution challenging a Labour Court order that required payment of Rs.86,292 with 8% interest and Rs.5,000 costs. The respondents did not appear, and an issue arose regarding an unserved notice to the deceased respondent's wife, whose legal heirs were already on record. The Court noted that the amount in dispute was modest and therefore declined to exercise its constitutional jurisdiction, dismissing the petition without addressing its merits. However, the Court reduced the interest rate awarded by the Labour Court from 8% to 6%. The petitioner was directed to deposit the reduced amount within eight weeks, after which it will be transferred to the respondents via RTGS/NEFT. The order emphasized that this dismissal should not be treated as precedent for other matters.
Issues considered
- Whether the High Court should entertain a petition under Articles 226 and 227 of the Constitution for a modest monetary claim of Rs.86,292.
- Whether the interest rate awarded by the Labour Court can be altered by the High Court.
- Whether the failure to serve notice on the legal heir of a deceased respondent affects the proceedings.
Legislation cited
- Constitution of Indias. Article 14, s. Article 226, s. Article 227
Subjects
Judgment
C/SCA/11794/2025 ORDER DATED: 09/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11794 of 2025
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DIVISIONAL CONTROLLER, S.T. VADODARA DIVISION
Versus
DECEASED KISHANBHAI GAMBHIRBHAI TADVI THROUGH LH & ORS.
===============================================================
Appearance:
MS SEJAL K MANDAVIA(436) for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1.2,1.3,1.4
UNSERVED EXPIRED (N) for the Respondent(s) No. 1.1
===============================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 09/01/2026
ORAL ORDER
1. By way of present petition under Articles 14, 226 & 227 of
the Constitution of India, petitioner has challenged the order
dated 21.05.2025 passed by the Labour Court No. 3, Vadodara in
Recovery Application No.358 of 2015, whereby, the petitioner
was directed to pay Rs. 86,292/- along with 8% interest and
Rs.5000/- as litigation cost to the deceased respondent.
2. Heard Ms. Sejal Mandavia, learned counsel appearing for
the petitioner. Though notice served, the respondents have
chosen not remain present before this Court.
3. Ms. Sejal K Mandavia, learned counsel for the petitioner has
drawn the attention of this Court to the fact that the
endorsement on the cause-list shows that the notice was
unserved upon respondent No. 1.1, being the wife of the
deceased respondent - Kishanbhai Gambhirbhai Tadvi namely
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C/SCA/11794/2025 ORDER DATED: 09/01/2026
Manjulaben Kishanbhai Tadvi, however, she had passed away
before the proceedings of the concerned Labour Court and,
therefore, her legal heirs were already brought on record and
there is no need to bring legal heirs of the deceased -
Manjulaben Kishanbhai Tadvi i.e. respondent No. 1.1 on record.
Considering this, Registry is directed to strike o7 the said
endorsement from the cause list.
4. 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.86,292/-. Considering the smallness of
amount, this Court deems it 8t not to exercise jurisdiction under
Article 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 clari8cation that
this may not be considered as precedent in other matters, the
petition is dismissed. The interest at the rate of 8% awarded by
the Labour Court is hereby reduced to 6%.
5. If the amount is not deposited by the petitioner, 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 respondents, after
verifying the bank details and after following due procedure,
through RTGS/NEFT.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 09/01/2026 16:58:34
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