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BHARGAV D. KARIA
Shatubha Kalubha Waghela – Appellant
Versus
Manager, Crystal Flour Mill Pvt. Ltd – Respondent
JUDGMENT :
Bhargav D. Karia, J.
1. Heard learned advocate Mr.K.R.Mishra for the petitioner in Special Civil Application No.12574 of 2019 and learned advocate Mr.Gaurav Chudasama for the petitioners in Special Civil Application No.21383 of 2019.
2. Both these petitions are filed challenging the Judgment and Award dated 20th July, 2018 passed by the Labour Court, Kalol in Reference (T) No.23 of 2001.
3. Special Civil Application No.12574 of 2019 is filed by the workman wherein, the rule is served, whereas, Special Civil Application No.21383 of 2019 is filed by the employer wherein, rule is unserved. Therefore, learned advocate Mr.K.R.Mishra appearing for the petitioner in Special Civil Application No.12574 of 2019 for workman waives service of notice of rule in Special Civil Application No.21383 of 2019. Learned advocate Mr.Gaurav Chudasama is appearing for the employer in Special Civil Application No.21383 of 2019 filed by the workman.
4. By the impugned Judgment and Award passed by the Labour Court, Kalol, lumpsum compensation of Rs.75,000/- is awarded in lieu of backwages as the workman had given up the claim of reinstatement during the pendency of the reference.
5.1. The brief facts of
The court affirmed that the burden of proof lies with the employer to disprove a workman's claim of service duration once established by affidavit.
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,....
Compensation for unlawful termination must reflect the length of service, with the court enhancing the awarded amount to Rs.4,00,000 based on the workman's tenure.
The Labour Court can award compensation instead of reinstatement if the dismissal is disproportionate to the misconduct, considering the relationship between the employee and employer.
Reinstatement of daily wage workers is not automatic upon illegal termination; monetary compensation may be awarded instead, particularly when procedural violations occur.
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.
Relief by way of reinstatement with backwages is not automatic and may be wholly inappropriate in a given fact situation even though the termination of an employee is in contravention of the prescrib....
The court established that reinstatement may not be the automatic consequence of wrongful termination, especially for daily wagers, and awarded monetary compensation in lieu of reinstatement.
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