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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
State Of Gujarat Through Range Forest Officer – Appellant
Versus
Prabhakarbhai Hirjibhai Chaudhary – Respondent
| Table of Content |
|---|
| 1. challenge to labour court award by state (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against the award (Para 5 , 6 , 7) |
| 3. court analysis of labour court's decision (Para 8 , 9) |
| 4. final order modifying labour court's award (Para 10) |
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. RULE returnable forthwith. Learned counsel Mr. Yogen Pandya, waives service of notice of Rule for and on behalf of the respondent.
2. Present petition is filed by the petitioner-State under Articles 226 & 227 of the Constitution of India read with the provisions of the Industrial Disputes Act, 1947 (hereinafter be referred to as “the Act”) challenging the judgment and award dated 20.02.2024 passed by the learned Presiding Officer, Labour Court, Valsad (hereinafter be referred to as “the Labour Court”) in Reference (LCV) No. 134 of 2016, whereby, the learned Judge has partly allowed the Reference in favour of the respondent-workman granting 50% in lieu of reinstatement and consequential benefits.
3. Brief facts giving rise to the present petition are that, the respondent-workman was working with the petitioner department as a Watchman since last ten years and drawing wages of Rs. 4,000/- per month. It is a
The court held that lump sum compensation is just for workmen whose employment was wrongly terminated, balanced against the duration of service.
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