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A. J. DESAI, MAUNA M. BHATT
Indian Rayon Industries Ltd. – Appellant
Versus
Dipusinh Laxmanbhai Zala – Respondent
ORDER :
A.J. Desai, J.
1. By way of present appeals under Clause 15 of the Letters Patent, the appellant herein – original petitioner has challenged an oral order dated 04.04.2022 passed by the learned Single Judge dismissing the captioned writ petitions filed by the present appellant challenging the judgment and award dated 11.04.2017 by which the learned Labour Court, Junagadh directed the appellant herein to reinstate the workmen – respondents herein without back-wages.
2. The short facts emerging from the record of the case are as follows:-
2.1 That the appellant, which is a company registered under the provisions of the Companies Act, 1956 and is engaged in the business / manufacture of viscose filament yarn, appointed the respondents – workmen during 1995 to 2000 as temporary employee, however without following due process, services of respondents – workmen were terminated in the year 2001. Therefore, references were raised by the workmen which were allowed on the ground that there is a breach of sections 25G and 25H of the Industrial Disputes Act, 1947.
2.2 The said decision of the learned Labour Court was challenged by the appellant herein by way of filing captioned writ petitio
The main legal point established in the judgment is that the termination of workmen must comply with the provisions of the Industrial Disputes Act, and violations of Sections 25G and 25H can lead to ....
The judgment emphasizes that relief of reinstatement and grant of backwages may not follow automatically, especially for daily-rated workmen, and the court may opt for lump-sum compensation instead.
there is a breach of Section 25-F of the I.D. Act and as there is a delay of 11 years in preferring the reference, instead of granting reinstatement a lump sum amount as full and final settlement wil....
Once violation of Sections 25(F), (G) and (H) of the Industrial Disputes Act is established, reinstatement should follow, as per the decision in Gauri Shanker vs. State of Rajasthan.
The main legal point established in the judgment is the onus on the workman to establish completion of 240 days in a year and the principles for awarding reinstatement and backwages.
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
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