IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7229 of 2024 FOR APPROVAL AND SIGNATURE:

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

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

RANGE FOREST OFFICER Versus LHS OF RAJUBHAI RAGHUBHAI DESHMUKH JIJABEN RAJUBHAI DESKHMUKH ================================================================

Appearance:

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

No. 1 MR K I KAZI(5030) for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 02/03/2026

JUDGMENT

1. RULE returnable forthwith. Learned counsel Mr. K.I. Kazi, 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 03.12.2022 passed by the learned Presiding Officer, Labour Court, Valsad (hereinafter be referred to as “the Labour Court”) in Reference (LCV) No. 196 of 2016, whereby, the learned Judge has partly allowed the Reference filed by the legal heirs of the deceased respondent-workman granting 25% 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 three years and drawing wages of Rs. 5,897/- per month. It is alleged that, the services of the respondent-workman came to be terminated orally on 01.06.2015 and therefore, the legal heirs of the deceased respondent-workman filed claim statement before the Labour Court, Valsad. That, the petitioner opposed the reference by filing a detailed Written Statement before the Labour Court, Valsad. After hearing all the concerned parties and after examining the oral as well as documentary evidence produced on record, the Labour Court passed the impugned judgment and award dated 03.12.2022 in Reference (LCV) No. 196 of 2016, whereby, the learned Judge partly allowed the Reference as aforesaid.

4. Being aggrieved and dissatisfied with the impugned judgment and award dated 03.12.2022 passed by the learned Presiding Officer, Labour Court, Valsad in Reference (LCV) No. 196 of 2016, the petitioner has preferred this petition.

5. Heard Ms. Roshni Patel, learned Assistant Government Pleader, appearing for the petitioner-State and Mr. K.I. Kazi, learned counsel appearing for the legal heirs of the deceased respondent-workman.

6. 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 therefore, the same is required to be quashed and set aside. She has submitted that the Labour Court has not considered the fact that work was based on the grant issued by the High Authority and there was no permanent work available and the petitioner had also produced relevant documents showing grants issued by the High Authority from the period of 2012-2015, however, without considering the aforesaid aspect the Labour Court has granted compensation to the respondent which is without application of mind and without proper apprehension of evidence. She has further submitted that the Labour Court has also not considered the fact that there was no sanctioned post available and to support that contention the Authority had produced documents showing sanctioned set-up of the petitioner, however, the same was not considering by the Labour Court while passing the impugned award. She has submitted that the respondent-workman had not worked for 240 days in a given year and therefore, there was no violation of provisions of Ind