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HIGH COURT OF GUJARAT
M.K. THAKKER
Range Forest Officer (Normal) Division – Appellant
Versus
Arunbhai Bakulbhai Chauhan – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned advocate Mr. Rajesh Mankad waives service of rule on behalf of the respondent.
2. This petition is filed under Articles 226 and 227 of the Constitution of India, challenging the order passed by the learned Labour Court, Bhavnagar, in ID Miscellaneous Application No.10 of 2022 and the order dated 02.01.2020 passed in Reference (LCB) No.51 of 2014, whereby the reference filed by the respondent came to be allowed and the petitioner herein was directed to reinstate the respondent - workman to his original post with continuity of service and 30% back wages from the date of raising the dispute i.e. 25.11.2023.
3. The gist of the case is that the respondent herein filed Reference (LCB) No.51 of 2014, seeking reinstatement benefits with all other consequential benefits, wherein notice was issued and served upon the present petitioner on 24.02.2024. Thereafter, a statement of claim came to be filed, which was also supplied to the present petitioner. However, the petitioner did not appear, either in person or through a representative. Therefore, an ex-parte award came to be passed, directing the present petitioner to reinstate the respondent - wo
The court upheld the Labour Court's order for reinstatement and back wages, emphasizing the equal application of the law of limitation and the petitioner's failure to present its case.
The court emphasized that mere assertions of rights do not justify delay in legal proceedings unless supported by substantial reasons, enforcing adherence to limitation principles.
The court affirmed that termination without a departmental inquiry is illegal, and reinstatement is justified when the employer fails to present evidence despite multiple opportunities.
The court reconsidered the determination of employee status under the Industrial Disputes Act, emphasizing the need for a proper inquiry into workman classification due to termination disputes.
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
A litigant cannot escape responsibility for proceedings failures by blaming their advocate; vigilance regarding one's rights is essential.
Violation of provisions under Sections 25F and 25H of the ID Act led to the direction for reinstatement without backwages.
Delay in filing a reference does not preclude adjudication on merits, especially when the dispute remains alive.
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