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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
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 alleged that, the services of the respondent-workman came to be terminated orally on 01.07.2015 and therefore, the respondent-workman filed claim statement before the Labour Court, Valsad. That, the petitioner opposed the reference by filing a deta
The court held that lump sum compensation is just for workmen whose employment was wrongly terminated, balanced against the duration of service.
The court emphasized the importance of considering the length of service and the delay in filing the reference in determining the adequacy of compensation in cases of industrial disputes.
The Labour Court can award compensation instead of reinstatement if the dismissal is disproportionate to the misconduct, considering the relationship between the employee and employer.
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,....
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