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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. THAKKER
Ravikumar Dineshbhai Patel – Appellant
Versus
Deputy Conservator Of Forest – Respondent
| Table of Content |
|---|
| 1. challenge to labour court award. (Para 2 , 3) |
| 2. petitioner's claims of unfair termination. (Para 5) |
| 3. respondent's defense against claims. (Para 6) |
| 4. court's analysis of service continuity. (Para 7 , 8 , 9) |
| 5. final dismissal of the petitions. (Para 10) |
| 6. interpretation of section 25 of id act. (Para 11) |
JUDGMENT :
M.K. THAKKER, J.
1. Rule returnable forthwith. Learned AGP Ms.Dixa Pandya waives service of notice of Rule on behalf of respondent-State.
2. The present petitions are filed under Articles 226 and 227 of the Constitution of India, challenging the award passed by the learned Labour Court No. 2, Ahmedabad, in Reference (T) No. 655 of 2015, whereby the reference filed by the petitioner was dismissed on the ground that the petitioner failed to establish continuity of service as required under Section 25(b) of the Industrial Disputes Act, 1947 (herein after referred to as the “ID Act”).
3. According to the petitioner, he was appointed as a Peon on a daily wage basis in the office of the Deputy Conservator of Forests at Gandhinagar with effect from 21.01.2012. He was paid wages at the rate of Rs.286 per day. By a notice dated 19.11.2014, and in compliance with the
The requirement for continuous service under the Industrial Disputes Act includes clear definitions for interrupted service but mandates proof of 240 days of service within the preceding 12 months, w....
Continuous service under the Industrial Disputes Act requires either uninterrupted service for one year or 240 days worked in the preceding twelve months; failure to establish either ground results i....
The court upheld that an employee's continuous service of over 240 days entitles him to protections under the Industrial Disputes Act, and any termination without adherence to statutory requirements ....
To employ workmen as “badlis”, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen.”
Point of law :Labour Law - There is no proof that the workman has worked for 240 days and, therefore, it was held by the Labour Court that there is no proof that the workman was working continuously ....
Termination of service It cannot be presumed that any junior is considered without there being any evidence on record and the learned Single Judge has therefore rightly come to the conclusion that th....
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
The interpretation of 'continuous service' under Section 25-F of the Industrial Disputes Act includes all days worked, and any termination without following due process is deemed illegal.
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