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BIREN VAISHNAV, PRANAV TRIVEDI
Kishorsinh Patubha Jadeja – Appellant
Versus
Executive Engineer – Respondent
JUDGMENT :
PRANAV TRIVEDI, J.
1. ADMIT. Learned advocates appearing for the respective parties waives service of notice of admission on behalf of the respondent. With consent of learned advocates for the respective parties, the matter is taken up for final hearing.
2. Both these Letters Patent Appeals are filed under Clause 15 of the Letters Patent assailing the order passed by the learned Single Judge dated 04.05.2023 in Special Civil Application No. 9170 of 2013. Therefore, with joint request of learned advocates appearing for the respective parties, both the appeals are taken up together for hearing.
3. Letters Patent Appeal No. 211 of 2024 is filed by the original petitioner who had preferred writ petition, namely, Special Civil Application No. 9170 of 2013, inter-alia praying for issuance of appropriate writ, order or direction quashing and setting aside the impugned award dated 18.02.2013 passed by the learned Labour Court, Surendranagar in Reference (LCS) No. 131 of 2007 and further to reinstate the petitioner.
4. The learned Single Judge after hearing both the parties partly allowed the writ petition, wherein it was observed by the learned Single Judge that there was a breach of
The court upheld the breach of Section 25(F) of the Industrial Disputes Act, 1947 and justified the enhancement of lump-sum compensation instead of reinstatement due to the closure of the unit and th....
Point of Law : When the appellants could not produce any material in their favour, either before the Labour Court or before the Learned Single Judge, they are not entitled to any compensation at all,....
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
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.
Monetary compensation can be awarded instead of reinstatement for daily wage workers whose termination is found illegal due to procedural defects, as reinstatement is not automatic.
Under the facts and circumstances of the case, breach of Section 25(f) of the ‘ID Act’ only is proved and the learned Single Judge has taken a view that breach of Sections 25(h) and 25(g) of the ‘ID ....
Compensation, rather than reinstatement, is appropriate for daily wage workers whose termination is found illegal due to procedural defects, especially when no mala fide intent is established.
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