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2026 Supreme(Online)(Guj) 15671
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
N.S. Sanjay Gowda, J. L. Odedra, JJ
HIMMATSINH SURSINH BARIYAV/sSTATE OF GUJARAT
R/LETTERS PATENT APPEAL NO. 397 of 2026 | R/SPECIAL CIVIL APPLICATION/13636/2018 | R/CIVIL APPLICATION NO. 1470 of 2026 | R/LETTERS PATENT APPEAL NO. 398 of 2026 | R/SPECIAL CIVIL APPLICATION NO. 13637 of 2018 | R/CIVIL APPLICATION NO. 1471 of 2026 | R/LETTERS PATENT APPEAL NO. 399 of 2026 | R/SPECIAL CIVIL APPLICATION NO. 13638 of 2018 | R/CIVIL APPLICATION NO. 1475 of 2026 | R/LETTERS PATENT APPEAL NO. 400 of 2026 | R/SPECIAL CIVIL APPLICATION NO. 13633 of 2018 | R/CIVIL APPLICATION NO. 1486 of 2026 | R/LETTERS PATENT APPEAL NO. 401 of 2026 | R/SPECIAL CIVIL APPLICATION NO. 13635 of 2018 | R/CIVIL APPLICATION NO. 1487 of 2026 | R/LETTERS PATENT APPEAL NO. 402 of 2026 | R/SPECIAL CIVIL APPLICATION NO. 13632 of 2018 | R/CIVIL APPLICATION NO. 1528 of 2026
For the Appellants/Petitioners: Chintan N Desai
For the Respondents: Vaishnavi Verma, Krishna Desai
Where reinstatement is contested due to delay but parity with other similarly situated employees exists, the court may award lump sum compensation to resolve long-standing litigation, particularly for employees nearing the end of their careers.
Headnote:The matter pertains to a challenge against an order setting aside a Labour Court award that had directed the reinstatement of workmen without back-wages but with continuity of service. A Single Judge had previously set aside the award primarily due to the inordinate delay by the workmen in approaching the Labour Court. The primary issue is whether the workmen are entitled to relief despite the delay, especially when similarly situated employees have been reinstated. The court observed that the workmen had served for six years and, to bring an end to prolonged litigation for employees at the fag end of their careers, a monetary settlement is appropriate. The writ-appeals are, accordingly, disposed of by directing the State Government to pay the workmen a lumpsum compensation of Rs.1,00,000/-.
| Table of Content |
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| 1. background of wrongful termination and the subsequent setting aside of the reinstatement award due to delay. (Para 1 , 2) |
| 2. arguments regarding discrimination and parity with other reinstated employees versus the impact of inordinate delay. (Para 3 , 4) |
| 3. award of lump sum compensation as a pragmatic resolution for long-term employees to end litigation. (Para 5 , 6 , 7) |
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The workman had approached the Labour Court complaining that they were wrongfully terminated. The Labour Court accepted their claim and directed reinstatement without back-wages. It, however, granted continuity of service.
2. Being aggrieved by this award, the State preferred a writ-petition and learned Single Judge by the impugned order has set aside the award, mainly on the ground that there was a delay in the workmen approaching the Labour Court.
3. As a consequence, workmen are in appeal. The main plank of the argument of the workmen is that similarly situated employees who had also secured a similar award have been reinstated and it is only the present set of workmen who are being discriminated against.
4. Learned AGP on instructions, verified this assertion and submitted that similarly placed workmen have been reinstated. She, however, strenuously contends that no relief can be granted to the workmen having regard to the fact that they slept over their rights and approached the Labour Court after an inordinate delay.
5. It is not in serious dispute and the Labour Court has found that the workmen did work for six long years. In that view of the matter and taking into consideration that the workmen have been litigating for the past several years and have also secured an award, in our view, it would be appropriate to bring an end to this litigation by directing the State Government to pay them a lumpsum compensation of Rs.1,00,000/- in lieu of all of the claims of the workmen. This course of action would ensure that the State is also relieved of the burden of reinstating workmen who are at the fag end of their careers.
6. The writ-appeals are, accordingly, disposed of by directing the State Government to pay the workmen a lumpsum compensation of Rs.1,00,000/-. This amount is within a period of eight weeks.
7. Civil Applications for condonation of delay is allowed and disposed of accordingly.
