Bhavarsingh Gaimersingh ... vs Cama Hotels Ltd.
2021 Latest Caselaw 7094 Guj

   C/SCA/8908/2021                                         ORDER DATED: 28/06/2021




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO.                         8908 of 2021

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          BHAVARSINGH GAIMERSINGH CHUNDAVATH
                        Versus
                   CAMA HOTELS LTD.
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Appearance:
MR DG SHUKLA(1998) for the Petitioner(s) No.
1,2,3,4,5,6,7,8.1,8.2,8.3
MR HARSHEEL D SHUKLA(6158) for the Petitioner(s) No.
1,2,3,4,5,6,7,8.1,8.2,8.3
 for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                           Date : 28/06/2021

                               ORAL ORDER

Heard Mr. Deepak Shukla, learned advocate for the petitioners.

According to his submission, a clear finding at paragraph - 13.7, which is a conclusion at page No.143, to the effect that for the misconduct in the nature of insubordination and / or disobedience , the Institution has terminated the services of the petitioners as disciplinary action. However, the said disciplinary action, which led to termination, is without conducting any inquiry, as contemplated under the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as 'the Act, 1946') and / or under the model standing orders to the schedule appended 'the Act, 1946'. If learned Labour Court had

C/SCA/8908/2021 ORDER DATED: 28/06/2021

come to the conclusion that as a disciplinary action the petitioners have been terminated, it should have satisfied itself that for taking disciplinary action whether any procedure prescribed under 'the Act, 1946' is undertaken or not.

De hors the same, the learned Labour Court has misdirected itself to conclude that the action is falling within the definition of retrenchment under Section 2(oo) of the Industrial Disputes Act, 1947. However, the learned Labour Court has missed very important thing that the said action should be otherwise than as a punishment inflicted by way of disciplinary action. Therefore, according to his submission, the judgment and award passed by the learned Labour Court dismissing the Reference in respect of the petitioners is illegal.

He has placed reliance on a decision of the Supreme Court of India in the case of D.K.Yadav Versus M.A. Industries Limited reported in 1993 (3) SCC 259, more particularly para-14 thereof.

Hence, NOTICE returnable on 17th August, 2021.

(UMESH A. TRIVEDI, J) Lalji Desai