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BIREN VAISHNAV, PRANAV TRIVEDI
State Of Gujarat Through The District Land Measurement Office – Appellant
Versus
Prabhatsinh Shankarbhai Vaghela – Respondent
ORDER :
(Biren Vaishnav, J.)
1. These appeals arise out of the oral judgement dated 26.02.2021 passed by the learned Single Judge in the respective captioned petitions by which the learned Single Judge dismissed the petitions of the State confirming the awards passed by the Labour Court which were impugned in the respective writ petitions.
2. Since the facts in these appeals are common, we shall take into consideration facts of Letters Patent Appeal No. 177 of 2022 for the sake of convenience.
2.1 Before the Labour Court, it was the case of the respondent workman that he was working in the establishment of the appellant State since November 1998 as Peon on a monthly salary of Rs.1350/-. His service was terminated on and from 28.02.2006. It was his case that he had worked for over ten years in the establishment.
2.2 The contention of the appellant State was that the workman was working as a daily wager; that he had not worked for 240 days of service in each year; he was not entitled to reinstatement and backwages. The labour Court by the impugned award granted reinstatement with continuity of service.
3. Ms. Roshni Patel, learned AGP appearing for the appellant State would submit that the
Termination without following Section 25F of the Industrial Disputes Act is unlawful, warranting reinstatement and continuity of service.
Termination without following due procedure under Section 25F of the Industrial Disputes Act mandates reinstatement and continuity of service.
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 judgment establishes the importance of evidence in labor disputes, the presumption in favor of the workman in the absence of employer-produced records, and the application of previous case law in....
Reinstatement following a penalty does not automatically grant entitlement to back wages or continuity of service, particularly when misconduct is acknowledged.
The main legal point established is that reinstatement with continuity of service and backwages is the normal rule in cases of wrongful termination of service, subject to various considerations.
Grant of a relief of reinstatement, it is trite, is not automatic. Grant of back wages is also not automatic. The Industrial Courts while exercising their power under Section 11A of the Industrial Di....
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