Case Note & Summary
The State of Gujarat and another (petitioners) challenged an award dated 10.04.2018 passed by the Labour Court, Godhra, in Reference (T) No.130 of 2010. The respondent, Narvatbhai Mohanbhai Bariya, had worked as a Watchman with the petitioners from 1993, drawing a monthly salary of Rs.700/-. In April 1997, he was orally and arbitrarily discharged from service without following due procedure. Aggrieved, he raised an industrial dispute before the Labour Court, which awarded reinstatement without any backwages. The petitioners filed the present petition under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, challenging the award. The petitioners argued that the respondent had worked for only 240 days in a single year and thus could not be treated as a regular employee, and that the Labour Court passed the order without application of mind. The respondent contended that the Labour Court committed no error. The High Court heard both sides and held that the Labour Court's award was not perverse or without jurisdiction, and dismissed the petition, upholding the reinstatement without backwages.
Headnote
A) Industrial Law - Reinstatement without Backwages - Termination without Due Process - Industrial Disputes Act, 1947 - The Labour Court awarded reinstatement without backwages to a watchman who was orally and arbitrarily discharged after working from 1993 to April 1997. The High Court upheld the award, finding no jurisdictional error or perversity in the Labour Court's decision. (Paras 1-6)
Issue of Consideration
Whether the Labour Court's award of reinstatement without backwages for an orally terminated watchman was erroneous and liable to be set aside under Articles 226 and 227 of the Constitution of India.
Final Decision
The High Court dismissed the petition, upholding the Labour Court's award of reinstatement without backwages. No order as to costs.
Law Points
- Reinstatement without backwages
- Industrial Dispute
- Termination without due process
- Jurisdiction of Labour Court
- Articles 226 and 227 of Constitution of India
Case Details
2026 LawText (GUJ) (02) 309
R/SPECIAL CIVIL APPLICATION NO. 11745 of 2024
Ms. Roshni Patel (AGP) for Petitioner, Mr. Paresh J. Brahmbhatt for Respondent
Narvatbhai Mohanbhai Bariya
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Nature of Litigation
Petition under Articles 226 and 227 of the Constitution of India challenging an award of the Labour Court in an industrial dispute.
Remedy Sought
The petitioners (State of Gujarat & Anr.) sought quashing of the Labour Court's award dated 10.04.2018 which ordered reinstatement of the respondent without backwages.
Filing Reason
The respondent was orally and arbitrarily discharged from service in April 1997 after working as a Watchman since 1993, without following due procedure.
Previous Decisions
The Labour Court, Godhra, passed an award on 10.04.2018 in Reference (T) No.130 of 2010 ordering reinstatement without backwages.
Issues
Whether the Labour Court's award of reinstatement without backwages was erroneous and liable to be set aside under Articles 226 and 227 of the Constitution of India.
Submissions/Arguments
Petitioner (Ms. Roshni Patel, AGP): The impugned order is wholly erroneous, bad in law, and contrary to facts; the respondent worked only 240 days in a single year and cannot be treated as a regular employee; the Labour Court passed the order without application of mind.
Respondent (Mr. Paresh J. Brahmbhatt): The Labour Court committed no error in passing the impugned order; the award is just and proper.
Ratio Decidendi
The Labour Court's award of reinstatement without backwages for an orally terminated workman was not perverse or without jurisdiction, and thus not liable to be interfered with under Articles 226 and 227 of the Constitution of India.
Judgment Excerpts
Present petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India r/w the provisions of Industrial Disputes Act challenging the impugned award dated 10.04.2018 in Reference (T) No.130 of 2010 passed by the Labour Court, Godhra, whereby the Labour Court has awarded reinstatement without any backwages.
Facts of the case are that the respondent was working, as a Watchman with the petitioner from 1993 and drawing monthly salary of Rs.700/-. In April 1997, the respondent was orally and arbitrarily discharged from service by the petitioner without following due procedure.
Procedural History
The respondent raised an industrial dispute before the Labour Court, Godhra, which resulted in Reference (T) No.130 of 2010. The Labour Court passed an award on 10.04.2018 ordering reinstatement without backwages. The petitioners challenged this award by filing Special Civil Application No. 11745 of 2024 before the High Court of Gujarat, which was dismissed on 17.02.2026.
Acts & Sections
- Industrial Disputes Act, 1947:
- Constitution of India: Articles 226, 227
