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M. K. THAKKER
BHAVNAGAR DISTRICT PANCHAYAT – Appellant
Versus
MEHBUB KASAMBHAI PATHAN – Respondent
JUDGMENT :
M.K. THAKKER, J.
1. Rule returnable forthwith. Learned advocate Ms. Khushbu Chhaya waives service of Rule on behalf of respondent.
2. The present petitions are filed being Special Civil Application No. 5241, 5242, 5243 and 5244 of 2021 by the Bhavnagar District Panchayat under article 226 and 227 of the Constitution of India for following reliefs:
(B) Be pleased to allow this Special Civil Application by way of passing appropriate orders, writ, mandamus or writ or directions quashing and setting aside the order dated 5.1.21 passed by the Hon’ble Labour Court at Bhavnagar in Complaint Application No. 3/14 holding that the termination of respnt. from employment with effect from 23.7.07 was contrary to the provisions of Section 33 of Industrial Disputes Act, 1947 and, therefore, the respnt. is entitled to reinstatement with continuity and 25% back wages with effect from 23.7.07 annexed as ANNEXURE-C in the interest of justice.
(C) Pending the admission, final hearing and disposal of the present Special Civil Application be pleased to stay the implementation, execution & operation of the order dated 5.1.21 passed by t
The court affirmed that termination under Section 33 of the Industrial Disputes Act is applicable to part-time workers, allowing for reinstatement and back wages.
Labour law – Reinstatement - Granting of relief of reinstatement after such a long gap will not serve any purpose and, therefore, this Court is of the view that if the order to grant compensation
Workman - Order of Reinstatement - Labour Court has not committed any error of law and facts in passing order of reinstatement of workman as a daily wager “Sweeper”.
There may be cases where termination of a daily-wage worker is found to be illegal on the ground that it was resorted to as unfair labour practice or in violation of the principle of last come first ....
Decision of the Labour Court in granting 20% back wages is in consonance with the facts and circumstances of the case as well as it is legally sustainable. Therefore, the impugned award passed by the....
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.
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.
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