Reserved On : 29/01/2026 Pronounced On : 09/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12744 of 2020 FOR APPROVAL AND SIGNATURE:

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

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

CHHATRASING SAMSUBHAI BILWAL Versus INDIAN PETROCHEMICAL CORPORATION LIMITED & ORS.

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Appearance:

MR.J P THAKKAR(7116) for the Petitioner(s) No. 1 MR KM PATEL, SENIOR ADVOCATE ASSISTED BY MR NISARG DESAI WITH MS PRAVALIKHA BATTHINI FOR GANDHI LAW ASSOCIATES(12275) for the Respondent(s) No. 2 RULE SERVED for the Respondent(s) No. 1,3 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK CAV JUDGMENT

1. Present petition is filed by the petitioner – employee 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”) against the judgment and award dated 20.09.2019 passed by the learned Presiding Officer, Labour Court, Vadodara (hereinafter be referred to as “the Labour Court”) in Reference (LCV) No. 557 of 2003, whereby, the learned Judge has rejected the reference filed by the petitioner-employee and refused to reinstate the petitioner-employee with back wages in service of the respondent-Company.

2. Facts giving rise to present petition in nut-shell are as under :

2.1 The petitioner was employed as Junior Fireman in the respondent-Company on 25.09.1989, which was formerly known as Indian Petrochemical Corporation Limited (IPCL), solely owned by Union of India and managed and administered by Ministry of Petroleum of Central Government. That, the petitioner was confirmed in service and made permanent in the year 1989. That, the petitioner was discharging his duty honestly and with utmost loyalty to the respondent-Company. That, somewhat in the year 2002, the Reliance Industry purchased the equity share in IPCL to the tune of 26.64%, while implementing the disinvestment program of the Central Government and thereafter, purchased 20% of the equity share from the market through SEBI and in all 46.64% equity share were acquired by RIL, hence, there was a change in the management and Shri Mukeshbhai D. Ambani became the Chairman of IPCL. That, thereafter, Merger Agreement took place between IPCL and RIL on 06.03.2007, by which, the IPCL was merged into RIL, wherein, all the service conditions of all the employees of IPCL were agreed to be protected.

2.2 It is the case of the petitioner that, after the change in the management of IPCL in 2002, as stated above, by way of malicious strategy, an unfair labour practice was adopted by the respondent- Company and as the respondent wanted to diminish / reduce the staff, by way of policy the respondent Management started to harass the employees and under one or another created grounds, number of employees were picked up for the purpose of removal from service. As a part of that policy, hundreds of employees were served with the departmental charge-sheets alleging that in the year 2001 or in any other year, the employee remained absent for a period of 40 days, 50 days and 60 days, 90 days etc. That, the Petitioner was also served with the similar type of charge-sheet dated 28.05.2002 alleging that the petitioner remained absent without leave for a total period of 92 days in different months of the year 2001.

2.3 The petitioner filed the reply to the said charge-sheet on 01.06.2002 wherein, the said absent was explained by saying that the brother of petitioner was suffering from mantel illness since last six years and due to which, many a times he was found missing from home and such types of incidents used to occur many a times in the family, due to which, old aged Senior citizen parents were also suffering from similar