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GUJARAT HIGH COURT
R.M. DOSHIT, K.M. THAKER, JJ
C S HOTELS PVT LTD (HOTEL KARNAVATI) – Appellant
Versus
RATANLAL KODARBHAI – Respondent
LETTERS PATENT APPEAL No. 1130 of 2008 | SPECIAL CIVIL APPLICATION No. 3081 of 2008 | LETTERS PATENT APPEAL No. 313 of 2008 | SPECIAL CIVIL APPLICATION No. 21747 of 2006 | LETTERS PATENT APPEAL No. 324 of 2008 | SPECIAL CIVIL APPLICATION No. 22285 of 2006 | LETTERS PATENT APPEAL No. 374 of 2008
For the Appellants/Petitioners:MR MIHIR THAKORE, SR.ADVOCATE, MR SACHIN D VASAVADA
For the Respondents: MR TR MISHRA, MS TRUSHA PATEL, MS TANUJA KACHCHHI
Employers must adhere to statutory requirements for employee notification and compensation upon closure, as per the Industrial Disputes Act.
Headnote:(A) Industrial Disputes Act, 1947 - Sections 25F, 25FFA, and 25FFF - Closure of hotel and claim for reinstatement by workmen - Closure not properly notified or compensated as per mandates of the Act - Claims upheld by Labour Court but contested without proper representation from employer - Determined that ex gratia payment and outstanding dues are due to workmen. (Paras 9, 10, 11, 12)
(B) Employment Law - Equity and Rights of Workmen - Long delay in claims processing and equitable right established in favor of workmen for outstanding payments - Workers entitled to compensation and notice pay as specified in the Act. (Paras 8, 9)
Facts of the case:
The appellant operated a hotel which has been closed since December 1996 without following due procedure for notice or retrenchment compensation, leading to multiple claims from workmen. The Labour Court ruled in favor of the workmen, but the appellant contested claims regarding personal liability.
Findings of Court:
Each workman is entitled to various dues calculated from December 1996 until the deemed closure date, along with statutory retrenchment compensation and additional clauses for outstanding payments.
Issues: The main issue centers on the determination of precisely when the hotel closed and corresponding worker entitlements.
Ratio Decidendi: The court emphasized that statutory compliance under the Industrial Disputes Act is mandatory, particularly concerning notifications of closure and employee entitlements under the law.
Result: Appeals partly allowed, previous orders modified; clear directives for payments issued.
JUDGEMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1130 of 2008 In SPECIAL CIVIL APPLICATION No. 3081 of 2008 With CIVIL APPLICATION No. 11679 of 2008 In LETTERS PATENT APPEAL No. 1130 of 2008 With LETTERS PATENT APPEAL No. 313 of 2008 In SPECIAL CIVIL APPLICATION No. 21747 of 2006 With CIVIL APPLICATION No. 4065 of 2008 In LETTERS PATENT APPEAL No. 313 of 2008 With LETTERS PATENT APPEAL No. 324 of 2008 In SPECIAL CIVIL APPLICATION No. 21748 of 2006 With CIVIL APPLICATION No. 4258 of 2008 In LETTERS PATENT APPEAL No. 324 of 2008 With CIVIL APPLICATION No. 11601 of 2008 In LETTERS PATENT APPEAL No. 324 of 2008 With LETTERS PATENT APPEAL No. 325 of 2008 In SPECIAL CIVIL APPLICATION No. 22285 of 2006 With CIVIL APPLICATION No. 11602 of 2008 In LETTERS PATENT APPEAL No. 325 of 2008 With CIVIL APPLICATION No. 4262 of 2008 In LETTERS PATENT APPEAL No. 325 of 2008 With LETTERS PATENT APPEAL No. 374 of 2008 In SPECIAL CIVIL APPLICATION No. 21191 of 2006 With CIVIL APPLICATION No. 4529 of 2008 In LETTERS PATENT APPEAL No. 374 of 2008 With LETTERS PATENT APPEAL No. 484 of 2008 In SPECIAL CIVIL APPLICATION No. 22623 of 2006 With CIVIL APPLICATION No. 5042 of 2008 In LETTERS PATENT APPEAL No. 484 of 2008 With LETTERS PATENT APPEAL No. 493 of 2008 2/12 JUDGMENT In SPECIAL CIVIL APPLICATION No. 22626 of 2006 With CIVIL APPLICATION No. 5200 of 2008 In LETTERS PATENT APPEAL No. 493 of 2008 With LETTERS PATENT APPEAL No. 494 of 2008 In SPECIAL CIVIL APPLICATION No. 21173 of 2006 With CIVIL APPLICATION No. 5204 of 2008 In LETTERS PATENT APPEAL No. 494 of 2008 With LETTERS PATENT APPEAL No. 1030 of 2008 In SPECIAL CIVIL APPLICATION No. 22286 of 2006 With CIVIL APPLICATION No. 11900 of 2008 In LETTERS PATENT APPEAL No. 1030 of 2008 With LETTERS PATENT APPEAL No. 1031 of 2008 In SPECIAL CIVIL APPLICATION No. 22268 of 2006 With CIVIL APPLICATION No. 11379 of 2008 In LETTERS PATENT APPEAL No. 1031 of 2008 With LETTERS PATENT APPEAL No. 1032 of 2008 In SPECIAL CIVIL APPLICATION No. 22266 of 2006 With CIVIL APPLICATION No. 11382 of 2008 In LETTERS PATENT APPEAL No. 1032 of 2008 With LETTERS PATENT APPEAL No. 1033 of 2008 In SPECIAL CIVIL APPLICATION No. 21751 of 2006 With CIVIL APPLICATION No. 11383 of 2008 In LETTERS PATENT APPEAL No. 1033 of 2008 With LETTERS PATENT APPEAL No. 1034 of 2008 In SPECIAL CIVIL APPLICATION No. 22267 of 2006 With LETTERS PATENT APPEAL No. 1035 of 2008 In SPECIAL CIVIL APPLICATION No. 22284 of 2006 With CIVIL APPLICATION No. 11388 of 2008 In LETTERS PATENT APPEAL No. 1035 of 2008 With 3/12 JUDGMENT LETTERS PATENT APPEAL No. 1036 of 2008 In SPECIAL CIVIL APPLICATION No. 22625 of 2006 With CIVIL APPLICATION No. 11391 of 2008 In LETTERS PATENT APPEAL No. 1036 of 2008 With LETTERS PATENT APPEAL No. 1037 of 2008 In SPECIAL CIVIL APPLICATION No. 22841 of 2006 With CIVIL APPLICATION No. 11393 of 2008 In LETTERS PATENT APPEAL No. 1037 of 2008 With LETTERS PATENT APPEAL No. 1038 of 2008 In SPECIAL CIVIL APPLICATION No. 22269 of 2006 With CIVIL APPLICATION No. 11395 of 2008 In LETTERS PATENT APPEAL No. 1038 of 2008 With LETTERS PATENT APPEAL No. 1039 of 2008 In SPECIAL CIVIL APPLICATION No. 22624 of 2006 With CIVIL APPLICATION No. 11396 of 2008 In LETTERS PATENT APPEAL No. 1039 of 2008 With LETTERS PATENT APPEAL No. 1040 of 2008 In SPECIAL CIVIL APPLICATION No. 22621 of 2006 With CIVIL APPLICATION No. 11397 of 2008 In LETTERS PATENT APPEAL No. 1040 of 2008 With LETTERS PATENT APPEAL No. 1148 of 2008 In SPECIAL CIVIL APPLICATION No. 3082 of 2008 With CIVIL APPLICATION No. 11886 of 2008 In LETTERS PATENT APPEAL No. 1148 of 2008 With LETTERS PATENT APPEAL No. 1190 of 2008 In SPECIAL CIVIL APPLICATION No. 7539 of 2006 With LETTERS PATENT APPEAL No. 1191 of 2008 In SPECIAL CIVIL APPLICATION No. 10050 of 2006 With LETTERS PATENT APPEAL No. 1192 of 2008 In SPECIAL CIVIL APPLICATION No. 22622 of 2006 4/12 JUDGMENT With LETTERS PATENT APPEAL No. 1193 of 2008 In SPECIAL CIVIL APPLICATION No. 21750 of 2006 With LETTE
