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HIGH COURT OF GUJARAT
A.S. Supehia, Gita Gopi
Executive Engineer – Appellant
Versus
Sunil S Mandaliya – Respondent
ORDER :
A.S. SUPEHIA, J.
1. ADMIT. Learned advocate Mr. Shukla waives service of notice of admission on behalf of the respondent. With consent of the learned advocates appearing for the respective parties, the present appeal is taken up for final hearing today.
2. The present appeal emanates from the judgment and order passed by the learned Single Judge dated 26.07.2023 passed in the captioned Writ Petition, wherein and whereby the learned Single Judge has partly allowed the Writ Petition challenging the judgment and award passed by the Labour Court, Bhavnagar in Reference (LCB) No.10 of 1992 dated 16.12.2009, by which, the Labour Court, after the remand, has confirmed the earlier award dated 16.04.2005 and directed the present appellant-employer to reinstate the workman on his original post with continuity of service and with 30% back-wages. However, the learned Single Judge has altered the award and instead of reinstatement with 30% back- wages, has granted compensation of Rs.3 lacs in lieu of reinstatement and back-wages. The workman has accepted the judgment of the learned Single Judge and is ready and willing to accept an amount of Rs.3 lacs.
3. Learned advocate Ms. R.V. Acharya h
Termination of service without compliance with statutory provisions is illegal; compensation awarded in lieu of reinstatement is appropriate considering the workman's retirement.
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.
The main legal point established is that continuous work for 240 days entitles a worker to protection under Section 25(F) of the Industrial Disputes Act, but reinstatement may not be the appropriate ....
A workman terminated through unfair labor practices is entitled to reinstatement, especially when the employer misrepresents the status of operations.
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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