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HIGH COURT OF GUJARAT
A.S. Supehia, Gita Gopi
Sr. Divisional Manager, Life Insurance Corporation of India – Appellant
Versus
Pravinbhai T Trivedi – Respondent
| Table of Content |
|---|
| 1. court's inclination to remand (Para 2) |
| 2. appellant's submission on judgment (Para 3 , 4) |
| 3. employee's history and charges (Para 5) |
| 4. tribunal's award details (Para 6 , 7 , 8 , 9 , 10) |
| 5. outcome of appeals (Para 11 , 12) |
JUDGMENT :
A.S. Supehia, J.
1. ADMIT. Learned advocate Mr.I.G.Joshi waives service of notice of admission on behalf of the respondent.
2. At the outset, learned advocate Mr.I.G.Joshi appearing for the respondent-employee in Letters Patent Appeal No.167 of 2025 and the appellant of Letters Patent Appeal No.168 of 2025 has urged that since the Court is inclined to remand the matter to learned Single Judge, appropriate time may be fixed for the disposal of the writ petition, as the employee is suffering from cancer and is 75 years old. It is submitted that the employee was constrained to file the present Letters Patent Appeal since the respondent i.e. Life Insurance Corporation of India has assailed the order passed by learned Single Judge by filing the captioned Letters Patent Appeal No.167 of 2025. Thus, we have taken the Letters Patent Appeal No.167 of 2025 as a lead matter.
3. Learned advocate Mr.Yogi K. Gadhia appearing for the appellant-Corporation
Disciplinary authority's discretion must be respected; altering punishment based solely on length of service without proper reasoning is improper.
Under the facts and circumstances of the case, breach of Section 25(f) of the ‘ID Act’ only is proved and the learned Single Judge has taken a view that breach of Sections 25(h) and 25(g) of the ‘ID ....
Point of Law : When the appellants could not produce any material in their favour, either before the Labour Court or before the Learned Single Judge, they are not entitled to any compensation at all,....
The main legal point established in the judgment is the scope of interference by a Writ Court in exercise of its power of judicial review, the applicability of the principles of res judicata, and the....
The court upheld the breach of Section 25(F) of the Industrial Disputes Act, 1947 and justified the enhancement of lump-sum compensation instead of reinstatement due to the closure of the unit and th....
Termination of service without compliance with statutory provisions is illegal; compensation awarded in lieu of reinstatement is appropriate considering the workman's retirement.
The court held that lump sum compensation is just for workmen whose employment was wrongly terminated, balanced against the duration of service.
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
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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