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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
State Of Gujarat – Appellant
Versus
Dilavarsha Bhikhusha Shahmdar – Respondent
Headnote: Read headnote
JUDGMENT :
M.K. THAKKER, J.
1. Rule, returnable forthwith. Learned advocate Mr.Pandya waives service of notice of Rule on behalf of the respondent.
2. Since the issue raised in the these appeals are similar, they are being decided by a common judgment. The facts of Special Civil Application No.17722 of 2024 are taken for the purpose of adjudication.
3. This petition is filed under Articles 226 and 227 of the Constitution of India, challenging the judgment and award dated 27.09.2022 passed by the learned Labour Court, Jamnagar in Reference (T) No.58 of 2020, whereby the Labour Court directed the present petitioner to reinstate the respondent to his original post, without granting the benefits of back wages or continuity of service.
4. It is the case of the present petitioner that the Refer
The burden of proof for continuous service lies with the workman, and significant delay in claiming reinstatement can render the claim invalid. Article 14 does not allow for perpetuating illegalities....
Point in Issue :
Whether Labour Court award requires to be modify to clearfy that petitioner shall be entitled to continuity of service as well.
Termination of daily wages worker was illegal due to procedural deficiencies; reinstatement was deemed inappropriate, thus awarded monetary compensation instead.
Continuity of service does not automatically entitle an employee to time-scale benefits unless actual service conditions are fulfilled as per the Industrial Disputes Act.
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
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