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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D.KARIA, L.S.PIRZADA
Dipeshbhai Mohanbhai Patel – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. termination of services deemed illegal. (Para 2 , 4 , 5) |
| 2. arguments for reinstatement due to natural justice violation. (Para 3 , 6) |
| 3. court's observations on legal entitlements. (Para 7 , 8 , 9) |
| 4. appeal dismissed; compensation awarded. (Para 10) |
ORDER :
1. Heard learned advocate Mr.Jaydeep H. Sindhi appearing for the appellant and learned Assistant Government Pleader Ms.Shruti Dhruve appearing for the respondents.
2. By this appeal under Clause 15 of the LETTERS PATENT , 1865 the appellant has challenged the Judgment and Order dated 25.04.2025 whereby, termination of the services of the appellant was held to be illegal. However, the learned Single Judge has passed an order of payment of Rs.50,000/- as lumpsum compensation instead of granting the relief of reinstatement, relying upon the decision of the Hon’ble Apex Court in the case of Telecom District Manager and Others vs. Keshab Deb, (2008) 8 SCC 402 wherein, it is held that even if the provision of Section 25F of the Industrial Disputes Act, 1947 (for short the “I.D. Act”) has not been complied with and the employee in the facts of the said case was a daily wager, the employee was only liable for just compens
Compensation may be awarded instead of reinstatement even when termination is found illegal, especially for contractual employment, reflecting the court's discretion to balance justice and legal prin....
Compensation in lieu of reinstatement is warranted where termination violates Section 25F, reflecting a judicial trend favoring monetary relief over automatic reinstatement, particularly for daily wa....
Compensation, rather than reinstatement, is appropriate for daily wage workers whose termination is found illegal due to procedural defects, especially when no mala fide intent is established.
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
Reinstatement is not automatic in cases of delayed disputes; monetary compensation may be awarded instead, especially for procedural violations under the Industrial Disputes Act.
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
Monetary compensation can be awarded instead of reinstatement for daily wage workers whose termination is found illegal due to procedural defects, as reinstatement is not automatic.
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