State Of Gujarat vs Ravji @ Velji Bhadabhai Kukava
2021 Latest Caselaw 10284 Guj

      C/SCA/15121/2020                                          ORDER DATED: 02/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 15121 of 2020
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                                STATE OF GUJARAT
                                      Versus
                         RAVJI @ VELJI BHADABHAI KUKAVA
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Appearance:
MR SAHIL B TRIVEDI, AGP for the Petitioner(s) No. 1
MR TR MISHRA(483) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                   Date : 02/08/2021
                                    ORAL ORDER

1. The present petition has been filed seeking the following prayer:-

"7B. Your Lordships may be pleased to issue a writ, order direction in the nature of certiorari and/or any other writ in the nature of certiorari to quash and set aside the judgment and award dated 19.01.2018 passed in Reference (T) No.48 of 2016 passed by the learned Judge, Labour Court, Junagadh"

2. The petitioner-State has challenged the award passed by the Labour Court, Junagadh dated 19.01.2018, after delay of 2 years. Be that as it may, it is informed by the learned advocate Mr.T.R.Mishra that after passing of the aforesaid order, the respondent-workman had also filed a recovery application before the Labour Court and pursuant to that, the Labour Court vide order dated 08.04.2019 passed in Recovery Application (C-2) No.48 of 2018, had directed the present petitioner to pay a sum of Rs.37,834/-. It is submitted that the respondent-workman is still not reinstated in service and hence, the present petition may be rejected.

3. I have gone through the award passed by the Tribunal, the Tribunal by the impugned award dated 19.01.2018 passed in Reference (T) Case No.48 of 2016 has directed the present petitioner to reinstate the

C/SCA/15121/2020 ORDER DATED: 02/08/2021

respondent-workman on his original post. It is also noticed that the reinstatement is without any back wages. The Labour Court after examining the documentary as well as oral evidence has orally held that the termination of the respondent-workman in the year 2018 was in violation of Section 25F of the Industrial Disputes Act, 1947 (for short "the ID Act"). There was no notice issued to him and he was orally terminated. After the impugned award, the respondent-workman filed Recovery Application (C-2) No.48/2018, which was allowed vide order dated 08.04.2019 and the respondent-workmen has been paid an amount of Rs.37,834/-. The said award is not challenged. This Court does not find that the impugned award suffers from any illegality or perversity.

5. In this view of the matter and in light of the aforesaid facts, since the subsequent recovery proceedings are not challenged, the present writ petition fails. Notice is discharged.

(A. S. SUPEHIA, J) ABHISHEK