Case Note & Summary
The State of Gujarat filed a Special Civil Application under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, challenging an award dated 7.10.2023 passed by the Labour Court, Valsad, in Reference (LCV) No. 37 of 2016. The respondent, Sureshbhai Jalmyabhai Gavit, had worked as a Watchman with the petitioner for 4 years drawing a monthly salary of Rs.5,897/-. On 1.7.2015, he was orally and arbitrarily discharged from service without following due procedure. Aggrieved, the workman raised an industrial dispute before the Labour Court, which awarded reinstatement with continuity of service and 50% backwages. The petitioner challenged the award, arguing that the respondent had not worked for 240 days and thus there was no violation of the Industrial Disputes Act. The respondent's counsel opposed the petition, submitting that the Labour Court had correctly appreciated the evidence. The High Court heard both sides and examined the record. The Court noted that the Labour Court had considered the evidence and found that the termination was illegal. The High Court held that the Labour Court's award was just and proper, and no interference was warranted. The petition was dismissed, and the award was upheld.
Headnote
A) Industrial Law - Reinstatement - Backwages - Oral Termination - The Labour Court awarded reinstatement with continuity of service and 50% backwages to a watchman who was orally and arbitrarily discharged without following due procedure - The High Court upheld the award, finding no error in the Labour Court's decision - Held that the termination was illegal and the relief granted was appropriate (Paras 2-7).
Issue of Consideration
Whether the Labour Court's award of reinstatement with continuity of service and 50% backwages for an orally terminated workman was legally sustainable.
Final Decision
The High Court dismissed the petition and upheld the Labour Court's award dated 7.10.2023 granting reinstatement with continuity of service and 50% backwages.
Law Points
- Reinstatement with continuity of service
- 50% backwages
- oral termination illegal
- violation of Industrial Disputes Act
- 1947
Case Details
R/SPECIAL CIVIL APPLICATION NO. 16728 of 2025
Ms. Roshni Patel (AGP) for petitioner, Mr. Jignesh D. Lamba and Mr. Yogen N. Pandya for respondent
Sureshbhai Jalmyabhai Gavit
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Nature of Litigation
Special Civil Application under Articles 226 and 227 of the Constitution of India read with Industrial Disputes Act challenging Labour Court award.
Remedy Sought
Petitioner (State of Gujarat) sought quashing and setting aside of the Labour Court award dated 7.10.2023.
Filing Reason
The petitioner challenged the Labour Court's award of reinstatement with continuity of service and 50% backwages to the respondent workman.
Previous Decisions
Labour Court, Valsad, passed award dated 7.10.2023 in Reference (LCV) No. 37 of 2016 awarding reinstatement with continuity of service and 50% backwages.
Issues
Whether the Labour Court's award of reinstatement with 50% backwages was legally sustainable.
Whether the respondent had worked for 240 days and whether there was violation of Industrial Disputes Act.
Submissions/Arguments
Petitioner argued that the respondent had not worked for 240 days and there was no violation of Industrial Disputes Act; the Labour Court passed the order without application of mind.
Respondent argued that the Labour Court correctly appreciated the evidence and the award was just and proper.
Ratio Decidendi
The Labour Court's award of reinstatement with continuity of service and 50% backwages for an orally terminated workman was just and proper, and no interference was warranted under Articles 226 and 227 of the Constitution.
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 7.10.2023 in Reference (LCV) No. 37 of 2016 passed by the Labour Court, Valsad, whereby the Labour Court has awarded reinstatement with continuity of service with 50% backwages.
Facts of the case are that the respondent was working, as a Watchman with the petitioner for 4 years and drawing monthly salary of Rs.5,897/-. On 1.7.2015. The respondent was orally and arbitrarily discharged from service by the petitioner without following due procedure.
Procedural History
The respondent workman raised an industrial dispute before the Labour Court, Valsad, which was registered as Reference (LCV) No. 37 of 2016. The Labour Court passed an award on 7.10.2023 granting reinstatement with continuity of service and 50% backwages. The petitioner (State of Gujarat) challenged the award by filing Special Civil Application No. 16728 of 2025 before the High Court of Gujarat. The High Court dismissed the petition on 17.02.2026.
Acts & Sections
- Industrial Disputes Act, 1947:
- Constitution of India: Articles 226, 227
