Gujarat High Court
Shri Sardar Smarak Hospital vs Bharatbhai Bhagubhai Bhandari on 4 September, 2025
NEUTRAL CITATION
C/SCA/15294/2024 JUDGMENT DATED: 04/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15294 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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SHRI SARDAR SMARAK HOSPITAL
Versus
BHARATBHAI BHAGUBHAI BHANDARI
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Appearance:
MR YOGI K GADHIA(5913) for the Petitioner(s) No. 1
JEET Y RAJYAGURU(8039) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 04/09/2025
ORAL JUDGMENT
1. The present petition is filed under Articles 226 and 227 of the Constitution of India, challenging the award passed by the learned Labour Court, Surat, in Reference (LCS) No.62 of 2018 dated 24.07.2024, whereby the learned court partly allowed the reference filed by the respondent - workman and directed to reinstate the respondent along with 50% back wages and cost of Rs.5,000/-.
2. It is the case of the present petitioner that the respondent Page 1 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Wed Sep 10 2025 Downloaded on : Wed Sep 10 22:41:13 IST 2025 NEUTRAL CITATION C/SCA/15294/2024 JUDGMENT DATED: 04/09/2025 undefined was working with the petitioner for more than 16 years, drawing a salary of Rs.6,195/- as a Wireman and he was terminated on 11.01.2016 after the issuance of a notice. It is alleged in the statement of claim that without following the procedure prescribed under the Act, the oral termination was ordered. Claiming a violation of Section 25F, a dispute was raised for reinstatement and all consequential benefits. The petitioner herein appeared before the learned Court and submitted that the petitioner is a Charitable Trust and operating a hospital for the health and welfare of the citizens of the town of Bardoli. It is contended that the respondent was not following the rules, as well as instructions of the superior officer and though notice was issued informing the said conduct of the respondent on 12.12.2015, no improvement was made despite assurance given by the respondent after the issuance of the notice. The respondent himself had approached to the petitioner and submitted his unwillingness to continue with the job, accepting the oral resignation and informing his intention to take his legal dues. The respondent has claimed illegal termination. Learned Labour Court, considering the evidence adduced, has partly allowed the reference by granting the relief mentioned Page 2 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Wed Sep 10 2025 Downloaded on : Wed Sep 10 22:41:13 IST 2025 NEUTRAL CITATION C/SCA/15294/2024 JUDGMENT DATED: 04/09/2025 undefined hereinabove, which is the subject matter of challenge before this court.
3. Heard learned advocate Mr. Gadhia for the petitioner and learned advocate Mr. Rajyaguru for the respondent.
4. At the outset, learned advocate Mr. Gadhia submits that during the pendency of the petition, the respondent has already been taken back into service and at present, he is serving without any hindrance. Learned advocate Mr. Gadhia submits that as the award was implemented qua reinstatement, therefore, the only part remaining for adjudication is back wages. Learned advocate Mr. Gadhia submits that during the cross-examination of the respondent, it was admitted that in the respondent's bank account, there are various entries suggesting that a huge amount was credited in the account. Learned advocate Mr. Gadhia submits that while discarding the said cross-examination, the learned Court has granted 50% back wages and therefore, the same is required to be quashed and set aside and the present petition is required to be allowed.
5. Per contra, learned advocate Mr. Rajyaguru submits that with regard to the entries which are alleged to have been made Page 3 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Wed Sep 10 2025 Downloaded on : Wed Sep 10 22:41:13 IST 2025 NEUTRAL CITATION C/SCA/15294/2024 JUDGMENT DATED: 04/09/2025 undefined in the account, the explanation is offered by the respondent that it was the amount of withdrawal from LIC and PF to meet with routine expenses. Learned advocate Mr. Rajyaguru submits that after assigning the cogent and convincing reasons, the learned Court has passed an order granting 50% back wages; therefore, no interference is required.
6. Having considered the arguments advanced by the learned advocates for the respective parties and referring to the reasons, it emerges that during the pendency of the petition, the respondent was reinstated on 21.12.2024 and as on date, he is working with the petitioner - employer. It emerges that the respondent was doing business work, as reflected from the bank statement, which is part of the record. In that background, if the amount awarded towards 50% back wages is modified to 25% back wages, the ends of justice would be met.
7. Resultantly, the present petition is partly allowed and the impugned award is modified in terms of 25% back wages. Other directions issued in the impugned order remain unaltered.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 4 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Wed Sep 10 2025 Downloaded on : Wed Sep 10 22:41:13 IST 2025