Case Note & Summary
The petitioner, Range Forest Officer, challenged the award dated 20.2.2024 passed by the Labour Court, Dang, in Reference (LCV) No. 139 of 2016. The respondent, Arjunbhai Kisanbhai Chauhan, had worked as a Watchman with the petitioner for 6 years drawing a monthly salary of Rs.4,000/-. On 20.12.2015, he was orally and arbitrarily discharged from service without following due procedure. Aggrieved, the workman raised an industrial dispute before the Labour Court, which partly allowed the reference and awarded reinstatement with continuity of service and 50% backwages. The petitioner filed the present petition under Article 227 of the Constitution of India read with the Industrial Disputes Act. The petitioner's counsel argued that the respondent had not worked for 240 days and there was no violation of the Industrial Disputes Act, and that the Labour Court passed the order without application of mind. The respondent's counsel submitted that the Labour Court had not committed any error and the award was in consonance with law. The High Court, after hearing both sides, found no error in the Labour Court's decision and dismissed the petition, upholding the award of reinstatement with continuity of service and 50% backwages.
Headnote
A) Industrial Law - Termination of Service - Oral Termination - Section 25F of Industrial Disputes Act, 1947 - The workman was orally and arbitrarily discharged from service without following due procedure after working for 6 years as a Watchman - The Labour Court partly allowed the reference and awarded reinstatement with continuity of service and 50% backwages - 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 to a workman who was orally terminated without following due procedure is legally sustainable under the Industrial Disputes Act, 1947.
Final Decision
The High Court dismissed the petition, finding no error in the Labour Court's decision, and upheld the award of reinstatement with continuity of service and 50% backwages.
Law Points
- Reinstatement with continuity of service
- 50% backwages
- oral termination illegal
- violation of Section 25F of Industrial Disputes Act
- 1947
Case Details
R/SPECIAL CIVIL APPLICATION NO. 16195 of 2025
Ms. Roshni Patel (AGP for petitioner), Mr. Jignesh D. Lamba, Mr. Yogen N. Pandya (for respondent)
Arjunbhai Kisanbhai Chauhan
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Nature of Litigation
Petition under Article 227 of the Constitution of India challenging Labour Court award in an industrial dispute regarding termination of a workman.
Remedy Sought
Petitioner (Range Forest Officer) sought quashing of Labour Court award granting reinstatement with continuity of service and 50% backwages to the respondent workman.
Filing Reason
The petitioner was aggrieved by the Labour Court's award dated 20.2.2024 which partly allowed the reference and awarded reinstatement with continuity of service and 50% backwages to the respondent workman who was orally terminated.
Previous Decisions
Labour Court, Dang, partly allowed Reference (LCV) No. 139 of 2016 vide award dated 20.2.2024, granting reinstatement with continuity of service and 50% backwages.
Issues
Whether the Labour Court's award of reinstatement with continuity of service and 50% backwages was legally sustainable.
Whether the workman had worked for 240 days and whether there was violation of Section 25F of the Industrial Disputes Act.
Submissions/Arguments
Petitioner's counsel submitted that the respondent had not worked for 240 days and there was no violation of the Industrial Disputes Act; the Labour Court passed the order without application of mind.
Respondent's counsel submitted that the Labour Court had not committed any error and the award was in consonance with law.
Ratio Decidendi
The Labour Court's award of reinstatement with continuity of service and 50% backwages was upheld as the termination was oral and arbitrary without following due procedure, and the High Court found no error in the Labour Court's decision.
Judgment Excerpts
Present petition is filed by the petitioner under Article 227 of the Constitution of India r/w the provisions of Industrial Disputes Act challenging the impugned award dated 20.2.2024 in Reference (LCV) No. 139 of 2016 passed by the Labour Court, Dang, whereby the Labour Court has partly allowed the reference and 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 6 years and drawing monthly salary of Rs.4,000/-. On 20.12.2015 the respondent was orally and arbitrarily discharged from service by the petitioner without following due procedure.
Procedural History
The workman raised an industrial dispute before the Labour Court, Dang, which was registered as Reference (LCV) No. 139 of 2016. The Labour Court partly allowed the reference vide award dated 20.2.2024, granting reinstatement with continuity of service and 50% backwages. The petitioner challenged this award by filing Special Civil Application No. 16195 of 2025 under Article 227 of the Constitution of India before the High Court of Gujarat. The High Court dismissed the petition on 17.2.2026.
Acts & Sections
- Industrial Disputes Act, 1947: Section 25F
- Constitution of India: Article 227
