Case Note & Summary
The State of Gujarat filed a petition under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, 1947, challenging an award dated 7.10.2023 passed by the Labour Court, Valsad, in Reference (LCV) No. 38 of 2016. The respondent, Dineshbhai Fulyabhai Chaudhari, was employed as a Watchman with the petitioner for 4 years and was 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 this award, arguing that the respondent had not worked for 240 days and that there was no violation of the Industrial Disputes Act. The respondent's counsel contended that the Labour Court's order was in consonance with law. The High Court, after hearing both sides, found that the Labour Court had correctly appreciated the evidence and that the employer failed to prove that the workman had not worked for 240 days. The termination was held to be in violation of Section 25F of the Industrial Disputes Act, 1947, as no notice or compensation was given. The High Court dismissed the petition, upholding the award of reinstatement with continuity of service and 50% backwages.
Headnote
A) Industrial Law - Termination - Illegal Termination - Section 25F, Industrial Disputes Act, 1947 - Workman employed as Watchman for 4 years was orally discharged without notice or compensation - Labour Court found termination illegal and awarded reinstatement with continuity and 50% backwages - High Court upheld the award, holding that the employer failed to prove that the workman had not worked for 240 days and that the termination was in violation of Section 25F (Paras 1-7).
Issue of Consideration
Whether the Labour Court was justified in awarding reinstatement with continuity of service and 50% backwages to a workman who was orally terminated without following due procedure under the Industrial Disputes Act, 1947.
Final Decision
The High Court dismissed the petition and upheld the Labour Court award dated 7.10.2023, which granted reinstatement with continuity of service and 50% backwages to the respondent workman.
Law Points
- Termination without following due process
- Reinstatement with backwages
- Burden of proof on employer
- Section 25F Industrial Disputes Act
- 1947
Case Details
2026 LawText (GUJ) (02) 623
R/SPECIAL CIVIL APPLICATION NO. 17118 of 2025
Ms. Roshni Patel (AGP), Mr. Jignesh D. Lamba, Mr. Yogen N. Pandya
Dineshbhai Fulyabhai Chaudhari
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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 regarding illegal termination.
Remedy Sought
The petitioner (State of Gujarat) sought quashing and setting aside of the Labour Court award dated 7.10.2023 which granted reinstatement with continuity of service and 50% backwages to the respondent workman.
Filing Reason
The respondent workman was orally and arbitrarily discharged from service on 1.7.2015 without following due procedure, leading to the filing of an industrial dispute.
Previous Decisions
The Labour Court, Valsad, passed an award on 7.10.2023 in Reference (LCV) No. 38 of 2016, awarding reinstatement with continuity of service and 50% backwages.
Issues
Whether the termination of the respondent workman was illegal and in violation of Section 25F of the Industrial Disputes Act, 1947?
Whether the Labour Court was justified in awarding reinstatement with continuity of service and 50% backwages?
Submissions/Arguments
Petitioner (State of Gujarat) argued that the respondent had not worked for 240 days and there was no violation of the Industrial Disputes Act; the Labour Court order was erroneous and without application of mind.
Respondent workman argued that the Labour Court had correctly appreciated the evidence and the award was in consonance with law; the petition should be rejected.
Ratio Decidendi
The employer failed to prove that the workman had not worked for 240 days. The termination was oral and without notice or compensation, violating Section 25F of the Industrial Disputes Act, 1947. Therefore, the Labour Court's award of reinstatement with continuity of service and 50% backwages was justified and upheld.
Judgment Excerpts
The respondent was orally and arbitrarily discharged from service by the petitioner without following due procedure.
The Labour Court has not committed any error in passing the impugned order.
The impugned award passed by the Labour Court is in consonance with the provisions of law.
Procedural History
The respondent workman was terminated on 1.7.2015. He raised an industrial dispute which was referred to the Labour Court, Valsad, as Reference (LCV) No. 38 of 2016. The Labour Court passed an award on 7.10.2023 granting reinstatement with continuity of service and 50% backwages. The State of Gujarat challenged this award by filing Special Civil Application No. 17118 of 2025 before the High Court of Gujarat, which was dismissed on 24.2.2026.
Acts & Sections
- Industrial Disputes Act, 1947: Section 25F
- Constitution of India: Articles 226, 227
