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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.Supehia, R.T.Vachhani
Brijeshkumar Premshankar Bhatt – Appellant
Versus
Elecon Engineering Company Ltd. – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. ADMIT. Learned advocate Mr.Dipak Dave, waives service of notice of admission on behalf of the respondent – Elecon Engineering Company Ltd., (hereinafter referred to as “the respondent - Company”).
2. With consent of the learned advocates appearing for the respective parties, the matters are taken up for final hearing and are disposed of by this common judgment and order.
3. The captioned Letters Patent Appeals, filed under Clause 15 of the Letters Patent, 1865, are directed against the common judgment and order dated 24.12.2024 passed in the captioned writ petitions, wherein and whereby, the learned Single Judge has allowed the writ petitions filed by the respondent – Company, challenging the award dated 27.09.2022 passed by the Labour Court, Anand in Reference (T) No.66 of 2014 and allied references. The employees of the respondent – Company had raised a demand for reinstating them with continuity of service. Accordingly, the dispute was referred, which has culminated into the reference proceedings. 4. The Labour Court allowed the reference proceedings in favour of the appellant – employees and directed the respondent – Company to reinstate its employee
The court reaffirmed that resignations obtained under coercion must be substantiated with concrete evidence, and in the absence of such proof, employees cannot be classified as 'workmen' under the In....
The court ruled that employees in managerial roles and earning above Rs.10,000 do not qualify as 'workmen' under Section 2(s) of the Industrial Disputes Act, reversing the Labour Court's decision.
A resignation must be voluntary; prior acceptance is not mandatory for it to take effect, with the defining factor being the nature of the employee's role under the Industrial Disputes Act.
The main legal point established is that the voluntary resignation of the workman led to the denial of relief under the Industrial Disputes Act.
The court established that the determination of 'workman' status and the voluntary nature of resignation are critical in industrial disputes, requiring careful examination of evidence.
The right of re-employment can be recognized as flowing from the Model Standing Orders, independent of the provisions of Section 25F and Section 25H of the Industrial Disputes Act, 1947.
A person designated as a managerial employee and earning above the specified salary threshold does not qualify as a 'workman' under the Industrial Disputes Act, 1947.
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