JESINGBHAI HIRABHAI DAMOR vs RANGE FOREST OFFICER SHRI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1295

BIREN VAISHNAV
JESINGBHAI HIRABHAI DAMOR – Appellant
Versus
RANGE FOREST OFFICER SHRI – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: HEM DAVE, DIPAK R. DAVE.
For the Respondent: SOAHAM JOSHI.

ORDER :

1. Special Civil Application No. 840 of 2022 has been filed by the State, challenging the award of the Labour Court dated 27.01.2021, by which, the Labour Court has awarded compensation of Rs. 1,05,000/- to the respondent workman. The respondent workman too aggrieved by the same award, filed Special Civil Application No. 6662 of 2021.

2. It is the case of the workman that rather than awarding compensation, he deserved an award of reinstatement.

3. While issuing notice in Special Civil Application No. 6662 of 2021, this Court on 25.06.2021, passed the following order.

4. Mr. Soaham Joshi, learned Assistant Government Pleader appearing for the State, would challenge the award of compensation and would submit that since the workman was only a daily wager and had worked for only one year and nine months, the award of compensation of Rs. 1,05,000/- was unjustified.

5. Mr. Hem Dave, learned advocate appearing for Mr. Dipak Dave, learned advocate for the workman, would submit that once a positive finding of violation of Section 25-F was recorded by the Labour Court, compensation was not the remedy and the petitioner deserved to be reinstated.

5.1 Mr. Hem Dave, learned counsel, also read