Gujarat High Court
J. K. Malt Products Pvt. Limited vs Manjit Fulsinh Chauhan on 5 May, 2025
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C/SCA/1864/2024 JUDGMENT DATED: 05/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1864 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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J. K. MALT PRODUCTS PVT. LIMITED
Versus
MANJIT FULSINH CHAUHAN
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Petitioner(s) No. 1
MR AS ASTHAVADI(3698) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 05/05/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate Mr. Asthavadi
waives service of notice on behalf of the respondent.
2. With the consent of the parties, this petition was heard
finally.
3. The present petition is filed challenging the award passed
by the learned Labour Court, Nadiad in Reference LCN No.15 of
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2021 dated 07.10.2023, whereby the present petitioner was
directed to reinstate the respondent - workman on his original
post with continuity of service along with 50% back wages.
4. Gist of the case that the present respondent has filed the
reference before the learned Labour Court being Reference LCN
No.15 of 2021, claiming that the respondent was working with
the present petitioner - employer since 27.07.2011 and getting
the daily wages of Rs.400/-. On 28.10.2019, the respondent was
met with an accident and had taken the treatment of the hospital
recognized by the ESI - Corporation from 28.10.2019 to
25.11.2020. He was hospitalized in the hospital and thereafter,
had suffered from the permanent disability. As treatment was
going on, the petitioner has informed the respondent to provide
the fitness certificate and in absence of providing the same, his
service was orally terminated from 24.12.2020 without following
due procedure prescribed under Section 25 F, G, and H of the
Industrial Disputes Act. It is claimed before the learned
Reference Court that the award of reinstatement be passed
along with all consequential benefits and with the cost of
Rs.10,000/-. The petitioner - employer appeared before the
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learned Reference Court and has submitted that despite he was
informed to resume duty and despite the assurance was given for
alternative work, the respondent did not join with the duty and
to grab the money, the reference is filed. Learned Labour Court,
after considering the evidence adduced by both the parties, has
awarded the reference in favour of the respondent by granting
the relief of reinstatement with continuity of service and with
50% back wages. The same is subject matter of challenge before
this Court.
5. Heard learned advocate Mr. Upadayay for the petitioner
and learned advocate Mr. Asthavadi for the respondent.
6. Learned advocate Mr. Upadayay submits that learned
Reference Court has committed error in not considering the vital
facts that after the accident the respondent was offered the
alternative work and has been informed to resume the duty with
fitness certificate and as respondent is unable to provide, the
same his service was put to an end. Learned advocate Mr.
Upadayay submits that the present respondent was daily wager,
therefore, the award of the reinstatement, which was passed, is
contrary to the settle principle of law and in that background, the
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impugned award deserves to be interfered with.
7. Per contra, learned advocate Mr. Asthavadi appearing for
the employee submits that after the accident, one leg of the
respondent was amputated and at present, the permanent
disability was caused to the employee. Learned advocate Mr.
Asthavadi submits that though the petitioner has taken the
contention that respondent himself had abandoned the work,
however, no evidence was placed on record establishing the said
fact. Learned advocate Mr. Asthavadi submits that in absence of
following the due procedure under Industrial Disputes Act,
learned Reference Court was justifying granting the relief of
reinstatement with all consequential benefits and 50% back
wages and therefore, no interference is required and petition
deserves to be dismissed.
8. Having considered the arguments advanced by the learned
advocates for the respective parties and reasons assigned by the
learned Reference Court, it emerges that the present respondent
was serving as a daily wager since 27.07.2011 and getting
monthly wages of Rs.400/-. Due to the accident occurred with the
present respondent on 28.10.2019, he was hospitalized upto
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25.11.2020. It is undisputed fact that the oral termination was
made on 24.12.2020 on the ground that despite the respondent
was informed to resume the duty with fitness certificate, he
remained failed in doing so. It also emerges from the record that
though contention was raised that alternative work is offered,
however, no documentary evidence was adduced in support of
said contention. At present, the respondent is suffering from
permanent disability. As the respondent was terminated
undisputedly without following due procedure of the Industrial
Disputes Act, this Court is of the view that no error has been
committed by the learned Reference Court in holding that the
termination is illegal. However, this Court has considered the
decision rendered by the Hon'ble Apex Court in the case of
Telecom District Manager And Others vs Keshab Deb, reported
in 2008 (8) SCC 402, wherein it is held that in each case where
termination is held illegal, the automatic order of reinstatement
would not be passed. The relief can be moulded by granting the
lump-sum compensation considering the various factors
including the length of service. In the instant case, the length of
service of the present respondent was around 9 years and in that
background, this Court is of the view that lump-sum
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compensation of Rs.3,00,000/- is paid in lieu of the reinstatement
as well as the back wages and towards the full and final
settlement of the award, then the ends of justice would serve.
9. Resultantly, this petition is partly allowed. Present
petitioner is directed to pay the amount of Rs.3,00,000/- towards
lump-sum compensation within a period of 8 weeks from today.
Rule is made absolute to the aforesaid extent.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
