JAMNAGAR MUNICIPAL CORPORATION THROUGH MUNICIPAL COMMISSIONERversusSHANKARLAL JERAMBHAI BHADRA
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court held that it will not exercise jurisdiction under Articles 226 and 227 for a petition involving a small amount of Rs.75,000 and dismissed the petition.
Summary
The Jamnagar Municipal Corporation filed a special civil application under Articles 226 and 227 of the Constitution challenging a Labour Court order dated 18‑02‑2022 that directed the respondent to pay Rs.75,000 to the legal heirs of a deceased workman. The petition raised several grounds of challenge, but the High Court noted that the total amount involved was only Rs.75,000. Considering the smallness of the sum, the Court decided not to exercise its jurisdiction under the constitutional provisions and dismissed the petition without addressing the merits. The Court ordered that if the amount is not already deposited, the petitioner must deposit it within eight weeks, after which it will be released to the heirs via RTGS/NEFT. The notice was discharged.
Issues considered
- Whether the High Court can entertain a petition under Articles 226 and 227 of the Constitution when the dispute involves a small monetary amount of Rs.75,000.
- Whether the Court may decline jurisdiction on the ground of the smallness of the amount.
Legislation cited
- Constitution of Indias. Article 226, s. Article 227
Subjects
Judgment
C/SCA/17869/2022 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17869 of 2022
==========================================
JAMNAGAR MUNICIPAL CORPORATION THROUGH MUNICIPAL
COMMISSIONER
Versus
SHANKARLAL JERAMBHAI BHADRA & ORS.
==========================================
Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for
the Respondent(s) No. 1
MR HASIT H JOSHI(2480) for the Respondent(s) No. 1.1,1.2
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 05/02/2026
ORAL ORDER
1. Mr.Hasit Joshi, learned counsel submits that he has instruction
to appear for the respondent and he will 8le his appearance. Registry
is directed to accept and place the same on record.
2. By way of present petition under Article 226 and 227 of the
Constitution of India, 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/-.
3. Heard learned counsel for the petitioner and learned counsel for
the respondent.
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C/SCA/17869/2022 ORDER DATED: 05/02/2026
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.75,000/-. Considering the smallness of amount, this
Court deems it 8t not to exercise jurisdiction under Articles 226 and
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.
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 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 16:25:50
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