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HIGH COURT OF GUJARAT
A.S. SUPEHIA, NISHA M. THAKORE
State of Gujarat – Appellant
Versus
Chaganbhai Bhemabhai Damor – Respondent
JUDGMENT :
(A.S. SUPEHIA, J.)
1. With consent of learned advocates appearing for the respective parties, the present appeal has been finally heard and disposed of by this judgment and order.
2. The present Letters Patent Appeal emanates from the judgment and order dated 20.09.2022 passed by learned Single Judge in the captioned writ petition filed by the appellant-State, dismissing the same. There were cross writ petitions filed by the workmen as well as the appellant-State assailing the award of the Labour Court dated 20.04.2019 passed in Reference (T) No.755 of 2000 (old Reference No.397 of 1993), the learned Single Judge has dismissed both the writ petitions. Being aggrieved, the State has filed the present appeal.
3. The respondent workman was engaged on monthly salary of Rs.1,750/- and their services were terminated on 31.12.1991, which gave rise to the reference proceedings. The Labour Court directed the appellant-State to reinstate the workman in service without back wages by setting aside their termination.
4. Learned AGP Ms. Shruti Dhruve appearing for the appellant- State has submitted that the Labour Court as well as the learned Single Judge have fell in error in directing th
The workman failed to prove continuous employment for 240 days, and the Labour Court erred in directing reinstatement based on insufficient evidence.
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
Termination without proper compliance with statutory requirements leads to reinstatement and back wages for unjustly terminated workers.
In a case where Section 25-F of the Act applies the workman is bound to prove that he had been in continuous service of 240 days during twelve months preceding the order of termination; in a case whe....
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