Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.M. Thaker, J.
Chairman and Ors. - Appellants
Vs.
Tejaji Meghaji Marvadi and Ors. - Respondents
Special Civil Application Nos. 500, 503, 2262 and 2263 of 2014
Decided On : 30-03-2016
Minimum Wages - Labor Dispute - [Minimum Wages Act, Section 2(oo), Section 25F, Section 25G, Section 33(C-2)] - The court discussed the application of the Minimum Wages Act, the legality of termination of service, and the entitlement to backwages and gratuity. The court found that the claimants were entitled to difference in minimum wages for the past three years, lump sum compensation instead of backwages, and gratuity. The court set aside the claim for overtime wages and leave encashment due to lack of evidence. The petitioner was directed to pay the specified amounts to the claimants.
Fact of the Case:
The claimants, former employees, filed petitions against the awards passed by the Labor Court in reference and recovery applications. The Labor Court found the termination of their services illegal and awarded backwages, gratuity, and other claims. The petitioner challenged the awards.
Finding of the Court:
The court found that the claimants were entitled to difference in minimum wages for the past three years, lump sum compensation instead of backwages, and gratuity. The court set aside the claim for overtime wages and leave encashment due to lack of evidence. The petitioner was directed to pay the specified amounts to the claimants.
Issues: The issues included the legality of termination of service, entitlement to backwages and gratuity, and the application of the Minimum Wages Act.
Ratio Decidendi: The court held that the claimants were entitled to difference in minimum wages for the past three years, lump sum compensation instead of backwages, and gratuity. The court set aside the claim for overtime wages and leave encashment due to lack of evidence.
Final Decision: The court modified the awards passed by the Labor Court and directed the petitioner to pay the specified amounts to the claimants.
K.M. Thaker, J.
1. Heard Mr. Patel, learned senior counsel with Mr. Sanchela, learned advocate for the petitioner - Nagar Prathmik Shikshan Samiti (hereinafter referred to as 'the petitioner') and Mr. Mishra, learned advocate for the respondents - Mr. Tejaji Meghaji Marvadi and Mrs. Sonaben Tejaji Marvadi (hereinafter referred to as 'the workmen' or 'claimants').
2. In this group of petitions, the petitioner has prayed, inter alia, that:
The relief prayed for in Special Civil Application No. 500 of 2014
"8(A) To admit this petition.
(B) To issue a writ of certiorari and/or any other appropriate writ, order and/or direction in the nature of certiorari quashing and setting aside the impugned award dated 01/06/2013 passed by the Ld. Labor Court at Anand in a reference case No. 73/2008 as well as the award dated 07/06/2013 passed in recovery application 176/2008 annex at Annexure-A to this petition in the interest of justice.
(C) To stay the implementation, execution and operation of the impugned Award dated 01/06/2013 passed by the learned Judge of the Ld. Labor Court at Anand in reference I.T. No. 73/2008 as well as the award dated 07/06/2013 passed in recovery application 176/2008 annex at Annexure-A to this petition, during the pendency of admission, hearing and final disposal of the petition by way of an interim relief in the interest of justice.
(D) Be pleased to pass such other and further reliefs as may be deemed just and proper by this Hon'ble Court in the facts and circumstances of the case."
The relief prayed for in Special Civil Application No. 503 of 2014
"8(A) To admit this petition.
(B) To issue a writ of certiorari and/or any other appropriate writ, order and/or direction in the nature of certiorari quashing and setting aside the impugned award dated 01/06/2013 passed by the Ld. Labor Court at Anand in a reference case No. 74/2008 as well as the award dated 07/06/2013 passed in recovery application 177/2008 annex at Annexure-A to this petition in the interest of justice.
(C) To stay the implementation, execution and operation of the impugned Award dated 01/06/2013 passed by the learned Judge of the Ld. Labor Court at Anand in reference I.T. No. 74/2008 as well as the award dated 07/06/2013 passed in recovery application 177/2008 annex at Annexure-A to this petition, during the pendency of admission, hearing and final disposal of the petition by way of an interim relief in the interest of justice.
(D) Be pleased to pass such other and further reliefs as may be deemed just and proper by this Hon'ble Court in the facts and circumstances of the case."
The relief prayed for in Special Civil Application No. 2262 of 2014
"8(A) To admit this petition.
(B) To issue a writ of certiorari and/or any other appropriate writ, order and/or direction in the nature of certiorari quashing and setting aside the impugned award dated 07/06/2013 passed by the Ld. Labor Court at Anand in recovery application 177/2008 as well as the order dated 28/01/2014 passed in recovery application 33/2013 for certificate annex at Annexure-A to this petition in the interest of justice.
(C) To stay the implementation, execution and operation of the impugned Award dated 07/06/2013 passed by the learned Judge of the Ld. Labor Court at Anand in recovery application No. 177/2008 as well as the award dated 28/01/2014 passed in recovery application 33/2013 for certificate annex at Annexure-A to this petition, during the pendency of admission, hearing and final disposal of the petition by way of an interim relief in the interest of justice.
(D) Be pleased to pass such other and further reliefs as may be deemed just and proper by this Hon'ble Court in the facts and circumstances of the case."
The relief prayed for in Special Civil Application No. 2263 of 2014
"8(A) To admit this petition.
(B) To issue a writ of certiorari and/or any other appropriate writ, order and/
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
