Gujarat High Court
State Of Gujarat vs Abhubha Mayabha Kurani on 2 April, 2025
NEUTRAL CITATION
C/SCA/4153/2025 JUDGMENT DATED: 02/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4153 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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STATE OF GUJARAT & ANR.
Versus
ABHUBHA MAYABHA KURANI
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Appearance:
YUVRAJ BRAHMBHATT, AGP for the petitioner(s) no. 1,2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 02/04/2025
ORAL JUDGMENT
1. This petition is filed under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 31.03.2023 passed by the learned Labour Court, Jamnagar in Reference Case No.3 of 2018, whereby the directions were issued upon the present petitioners to reinstate the respondent - workman with 10% back wages and continuity of service. Page 1 of 5 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Apr 08 2025 Downloaded on : Tue Apr 08 21:51:12 IST 2025
NEUTRAL CITATION C/SCA/4153/2025 JUDGMENT DATED: 02/04/2025 undefined
2. It is the case of the present petitioners that as per the claim made by the respondent, he was working with the petitioners since 01.04.2002 as a daily wager and drawing the salary of Rs.8,300/- per month. His service was orally terminated on 01.07.2017, which was challenged before the learned Reference Court by raising the dispute and the same was registered as Reference Case No.3 of 2018. The respondent has filed the statement of claim and the petitioner has filed the written statement and learned Labour Court, after considering the evidence adduced, has awarded the reference in favour of the respondent, which is subject matter of challenge before this Court.
3. Heard learned AGP Mr. Brahmbhatt for the State.
4. Learned AGP Mr. Brahmbhatt has submitted that no evidence was adduced by the respondent - workman to show the continuity of service as defined under Section 25(B) of the Act. Learned AGP Mr. Brahmbhatt submits that only on drawing the adverse inference, the impugned award was passed granting the benefits of reinstatement along with 10% back wages. Learned AGP Mr. Brahmbhatt submits that it is the duty of the employee Page 2 of 5 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Apr 08 2025 Downloaded on : Tue Apr 08 21:51:12 IST 2025 NEUTRAL CITATION C/SCA/4153/2025 JUDGMENT DATED: 02/04/2025 undefined to establish the case and filing an affidavit and relying on the own statement, which is in his favour, would not be sufficient to hold that the respondent has completed 240 days service in the preceding year. Learned AGP Mr. Brahmbhatt submits that as per his own statement, he did not complete the 240 days in the year 2015-16 as well as in the year 2016-17 and therefore, also he is not entitled for the relief, which is claimed in the statement of the claim. Learned AGP Mr. Brahmbhatt states that without assigning the cogent reasons, the reference was awarded in favour of the present respondent and therefore, the same is required to be interfered with and petition is required to be allowed.
5. Having considered the arguments advanced by learned AGP Mr. Brahmbhatt and having considered the reasons assigned by the learned Reference Court, it transpires that the dispute was raised challenging the oral termination before the learned Reference Court to show that the respondent has worked continuously from 01.04.2002 to 01.07.2017. In addition to the affidavit in form of chief examination, the production application came to be filed below Exh. 6. The documents, which are sought Page 3 of 5 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Apr 08 2025 Downloaded on : Tue Apr 08 21:51:12 IST 2025 NEUTRAL CITATION C/SCA/4153/2025 JUDGMENT DATED: 02/04/2025 undefined to be produced are salary vouchers, Rojmale and Khatavhi etc., for the period of 2002 to 2017. Though said application was ordered in favour of the present respondent neither the order was complied with nor any affidavit was filed showing the reasons for non-production of the evidence. In addition to that, the respondent has stated, on the basis of the information received in the RTI, the details of the presence in the relevant years. It is stated by the respondent that in the year 2002 - 03, he completed 292 days, in the year 2003 - 04, 257 days, in the year 2004-05, 181 days, in the year 2005-06, 128 days, in the year 2006-07, 102 days, in the year 2007-08, 154 days, in the year 2008-09, 150 days, in the year 2009-10, 52 days, in the year 2010- 11, 169 days, in the year 2011-12, 119 days, in the year 2012-13, no day, in the year 2013-14, 50 days, in the year 2014-15, 234 days and in the year 2015-16, 26 days, as the respondent came into knowledge that he was changed to the out sourcing agency in the year 2015-16. Therefore, complaint was filed that, without his consent, the change was made. The petitioner failed to rebut the above evidence during the cross-examination of the workman. Learned Reference Court, relying on the various decisions, more particularly, in the case of R. M. Yellatti V/s. The Page 4 of 5 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Apr 08 2025 Downloaded on : Tue Apr 08 21:51:12 IST 2025 NEUTRAL CITATION C/SCA/4153/2025 JUDGMENT DATED: 02/04/2025 undefined Asst. Executive Engineer reported in JT 2005 (9) SC 340, has awarded the reference in favour of the respondent - workman. This Court is of the view that as the petitioner remained failed in complying with the directions issued in the production application and failed in rebutting the evidence which was produced by the workman to show the continuity of service, no error has been committed by the learned Reference Court in awarding the reference in favour of the respondent. 5.1 In that background, this petition being devoid of merits, hence, this petition deserves to be dismissed.
6. Resultantly, this petition is dismissed.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 5 of 5 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Apr 08 2025 Downloaded on : Tue Apr 08 21:51:12 IST 2025