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HIGH COURT OF GUJARAT
M.K. THAKKER
Falgun Mohanbhai Kankiya – Appellant
Versus
Central Investigation and Security Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. workman claimed wrongful termination (Para 3 , 4 , 5) |
| 2. contractor argues absence and abandonment (Para 6) |
| 3. court reviews evidence and admissions (Para 7) |
| 4. workman's petition dismissed (Para 8) |
JUDGMENT :
M.K. THAKKER, J.
1. Rule returnable forthwith in both petitions. Learned advocate Ms.Yogini Parikh waives service of Rule on behalf of respondent no.1 and learned advocate Mr.P.S.Gogia for respondent no.2 in SCA No.12586 of 2017 and Learned advocate Mr.Aditya Mistry waives service of Rule on behalf of respondent no.1 and learned advocate Mr.P.S.Gogia for respondent no.2 in SCA No.1750 of 2023.
2. With the consent of the parties, the matter was heard finally.
3. Both the petitions are filed challenging the award passed by the learned Presiding Officer learned Labour Court, Porbandar dated 06.02.2017 by which the workman was granted the lump sum compensation of Rs.21,000/- in lieu of reinstatement and back wages which was directed to be paid by the Contractor B.Panikar, who is the petitioner in SCA No.1750 of 2023.
4. The case of the workman as mentioned in the statement of claim is that workman was working since 24.04.1992 as a clerk with respondent no.2 i.e Saurasht
A workman must accept an offer of reinstatement to claim back wages; failure to do so constitutes abandonment of work, negating entitlement to relief.
Since litigious employer has gone back and forth from this Court before the Single Judge to the Division Bench and then Supreme Court and back on two occasions rendering the workman without the fruit....
The court reaffirmed that an employer must provide procedural documentation to validate termination; absence of such leads to findings of illegal termination under the Act.
Illegal termination of short-term daily wager violating Section 25-F ID Act warrants lump-sum compensation, not reinstatement, considering brief service, long delay, superannuation, and no unfair pra....
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
Compensation in wrongful termination cases is subject to the proof of gainful employment by the worker post-termination; reinstatement can be denied based on loss of confidence.
Point of law :Labour Law - There is no proof that the workman has worked for 240 days and, therefore, it was held by the Labour Court that there is no proof that the workman was working continuously ....
Contractors can be held liable for compensation even if no direct contract exists, based on their control over employment practices under the Industrial Disputes Act.
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
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.
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