IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12726 of 2020 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================

Approved for Reporting Yes No ================================================================

STATE OF GUJARAT & ANR.

Versus JAGDISHBHAI CHHAGANBHAI PATEL & ANR.

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Appearance:

MS ROSHNI PATEL, ASST. GOVERNMENT PLEADER for the Petitioner(s)

No. 1,2 FRESH RULE SERVED(4513) for the Respondent(s) No. 2 MR JIGNESH D LAMBA(12891) for the Respondent(s) No. 1 MR YOGEN N PANDYA(5766) for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 02/03/2026

JUDGMENT

1. Present petition is filed by the petitioners - State Authorities 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 24.10.2019 passed by the learned Presiding Officer, Labour Court, Jamnagar (hereinafter be referred to as “the Labour Court”) in Reference (LCJ) No. 40 of 2016 whereby, the learned Judge has partly allowed the reference filed by the respondent-workman and granted reinstatement without continuity of service and without back wages.

2. Brief facts leading to the present petition are that, the respondent-workman had worked with the petitioner department as a daily wager from 01.06.1993 to 31.12.2008 with a constant wage of Rs. 2,500/- and that his services came to be terminated orally on 31.12.2008 without any issuance of notice, without stating any reason and without any pay in lieu of notice and therefore, the respondent- workman raised industrial dispute before the Labour Court by filing Claim Statement on 27.09.2016. That, the petitioner-department opposed the claim of the respondent by way of filing written statement and also produced evidence on affidavit. That, the Labour Court, Jamnagar after considering the submissions and after considering the evidence produced on record, partly allowed the Reference (L.C.J) No. 40 of 2016 by passing impugned judgment and award dated 24.10.2019.

3. Being aggrieved and dissatisfied with the impugned judgment and award dated 24.10.2019 passed by the Labour Court, Jamnagar in Reference (L.C.J) No. 40 of 2016, the petitioners have preferred the present petition.

4. Heard Ms. Roshni Patel, learned Assistant Government Pleader, appearing for the petitioner – State Authorities and Mr. Yogen Pandya, learned counsel appearing for the respondent-workman.

5. Learned AGP Ms. Patel has submitted that the impugned judgment and award passed by the Labour Court is illegal, unjust, arbitrary, erroneous and contrary to the facts and material on record and the provisions of the Act and is based on assumption and presumption and therefore, is required to be quashed and set aside. She has submitted that the impugned award is passed without any jurisdiction as much as there is no evidence produced by the respondent-workman in support of his claim. She has further submitted that the Labour Court has committed a grave error in not considering the case of the petitioner that the respondent-workman had voluntarily left and chosen to remain continuously absent. She has further submitted that the respondent-workman had never worked with the petitioners and had continuously remained absent during his service tenure. Over and above the grounds agitated in the memo of petition, learned AGP Ms. Patel has urged that the impugned award is required to be quashed and set aside and the present petition is required to be allowed.

6. As against that, learned counsel Mr. Yogen Pandya, appearing for the respondent-workman, has opposed the present petition and submitted that in case of similarly situated workman, who had challenged the award of the Labour Court