Termination Of Services Without Prior Notice Violates Principles Of Natural Justice, Gujarat High Court Directs Forest & Environment Department To Reinstate Workmen
10 months ago

Termination Of Services Without Prior Notice Violates Principles Of Natural Justice, Gujarat High Court Directs Forest & Environment Department To Reinstate Workmen

Live Law  

The Gujarat High Court single-judge bench of Justice Hemant M. Prachchhak held that the termination of services of Workmen without issuing any prior notice violates the principles of natural justice. Additionally, the High Court held that the termination was aimed at depriving the Workmen of the benefits entitled to them under the Government Resolution dated October 17, 1988. Furthermore, the High Court held that the letter issued by the Conservator of Forest failed to provide details regarding the basis upon which it concluded that Workmen had not completed 240 days of work within 5 years, which is a prerequisite for availing the benefits of the Government Resolution dated October 17, 1988. About the benefits of the Government Resolution dated October 17, 1988, the Workmen were instructed to submit appropriate representations to the Management, providing comprehensive details of their workdays as daily wagers within two weeks.

Benefits Justice Court Services Management Gujarat Resolution Natural Justice Service Provident Fund Termination High Leave Daily Gujarat High Court Dearness Allowance Workmen Environment Department Medical Allowance Wagers Such Daily Wagers Sunday Leave Daily Wagers 14 Misc Skilled Worker Prior Notice Two Optional Leave National Festival Holidays  principles  court  benefits  management  service  natural  notice  termination  reinstate  prior  high  leave  violates  daily  workmen  justice  wagers  services  resolution

History of this topic

Labour & Service Weekly Roundup: 03rd June 2024 To 09th June 2024
9 months, 1 week ago

Labour & Service Weekly Roundup: 03rd June 2024 To 09th June 2024

Live Law  

Delhi High Court Not Allowing Representation By A Defence Assistant Is Violative Of Principles Of Natural Justice: Delhi High Court Case Name- Delhi Transport Corporation Vs Ram Avatar Sharma A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Delhi Transport Corporation Vs Ram Avatar Sharma has held that a person …

Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court
10 months, 2 weeks ago

Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that mere plea of abandonment, if any, taken by the employer may not be sufficient to prove that workman abandoned the job. Feeling aggrieved, the Management approached the Himachal Pradesh High Court to challenge the decision of the Tribunal. Observations by the High Court: The High Court noted …

Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court
10 months, 2 weeks ago

Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court

Live Law  

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that once the termination of a Workman is declared illegal, the remedy is limited to either reinstatement or a lumpsum compensation. Considering the impracticality of reinstatement due to passing of substantial time after termination and the Workman's proximity to retirement age, the High Court held …

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court
10 months, 2 weeks ago

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court

Live Law  

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that in accordance with Section 25B of the Industrial Disputes Act, daily-wage workmen who have completed a specific tenure are entitled to permanency. Observations by the High Court: The High Court referred to the case of State of Gujarat vs PWD and Forest and Employees' Union, where the …

Reinstatement With Back Wages Is Not Automatic Even In Cases Of Illegal Termination, Courts Might Provide Lumpsum Compensation: Gujarat High Court
10 months, 2 weeks ago

Reinstatement With Back Wages Is Not Automatic Even In Cases Of Illegal Termination, Courts Might Provide Lumpsum Compensation: Gujarat High Court

Live Law  

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that reinstatement with back wages isn't automatic for illegally terminated workers. The Municipality initially filed a Special Civil Application contesting the judgment and award issued by the Labor Court, which led to an order by the Single Judge of the Gujarat High Court modifying the …

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
10 months, 3 weeks ago

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

Live Law  

The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2 of the Industrial Disputes Act. The question before the labour court was whether she would be a 'workman' within the scope of Section 2 of the Industrial …

Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law : Supreme Court
1 year, 6 months ago

Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law : Supreme Court

Live Law  

The Supreme Court observed that an appeal from an order of Workmen’s Compensation Commissioner can be entertained only if there exists a substantial question of law to be considered/The bench of Justices Abhay S Oka and Sanjay Karol observed that the Workmen’s Compensation Commissioner is the last authority on facts.In this case, the High Court of Gujarat at Ahmedabad set …

Gujarat High Court Accepts Apology Of 12 Judicial Officers Who Failed To Dispose 45 Yrs Old Suit, Drops Contempt Proceedings
2 years, 1 month ago

Gujarat High Court Accepts Apology Of 12 Judicial Officers Who Failed To Dispose 45 Yrs Old Suit, Drops Contempt Proceedings

Live Law  

The Gujarat High Court on Tuesday dropped the contempt proceedings and accepted the unconditional apology rendered by 12 judicial officers who failed to dispose of a suit which is pending since 1977 till date, despite the direction issued by the High Court in November 2004 to dispose it of by the end of year 2005. While closing the contempt proceedings, …

Property Suit Pending Since 1977: Gujarat High Court Issues Contempt Notices To 9 Judicial Officers For Non-Compliance
2 years, 2 months ago

Property Suit Pending Since 1977: Gujarat High Court Issues Contempt Notices To 9 Judicial Officers For Non-Compliance

Live Law  

The Gujarat High Court has issued show cause notices to 9 Judicial Officers, seeking to initiate contempt proceedings against them for failing to dispose of a property suit instituted in 1977, despite the directions of the High Court. While expressing shock that the directions issued by the High Court were blatantly ignored, the division bench vide its order dated 16.12.2022 …

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
2 years, 7 months ago

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. Reference was made to Gauri Shanker …

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court
2 years, 7 months ago

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court

Live Law  

The Gujarat High Court has held that where the disengagement of workmen by an employer is under dispute, the former claiming illegal termination and the latter asserting voluntary resignation arrangement, the Labour Court may direct deposit of ex-gratia amount in the interim.Justice Biren Vaishnav thus upheld a Labour Court's decision directing the workmen to deposit the ex-gratia amount. The Gujarat …

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers
2 years, 7 months ago

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers

Live Law  

While reiterating that Courts have a duty to interpret statutes with social welfare to further the statutory goal, the Gujarat High Court has directed the Labour Court at Jamnagar to re-examine the issue of awarding interest to the Petitioner workmen. Justice Biren Vaishnav had taken up both Special Civil Applications for the final hearing and relied extensively on Manager, Naaz …

Gujarat High Court Directs Judicial Officers To Strictly Observe Court Working Hours
2 years, 8 months ago

Gujarat High Court Directs Judicial Officers To Strictly Observe Court Working Hours

Live Law  

The High Court of Gujarat has directed all judicial officers in the state to maintain strict observance of court working hours and punctually dispose judicial business. This was after the High Court's attention was drawn towards the frequent violation of instructions contained in Paragraph 2 of Chapter-I of the Civil Manual and various High Court Circulars and letters issued with …

Gujarat High Court Weekly Round Up: May 30 To June 5, 2022
2 years, 9 months ago

Gujarat High Court Weekly Round Up: May 30 To June 5, 2022

Live Law  

NOMINAL INDEX Subhashchandra Sanatan Mallik Through Babita Subhashchandra Mallik V/S State Of Gujarat 2022 LiveLaw 187 Darshan Bipinbhai Trivedi Versus State Of Gujarat 2022 LiveLaw 188 Mehulkumar Ramanlal Katpara Versus State Of Gujarat 2022 LiveLaw 189 Symphony Limited Versus Raj Cooling System Private Limited 2022 LiveLaw 190 Ranjeetsinh Gambhirsinh Jadeja V/S Agriculture Produce Market Committee 2022 LiveLaw 191 Minor Mohit …

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022
2 years, 10 months ago

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022

Live Law  

NOMINAL INDEX Bhavinkumar Kantilal Gajera vs State Of Gujarat 2022 LiveLaw 130 Maheshbhai Govindbhai Patel vs Mother Dairy Fruit And Vegetable Pvt Ltd 2022 LiveLaw 131 Rameshbhai Dhulabhai Katara Versus State Of Gujarat 2022 LiveLaw 132 Priteshkumar Bipinbhai Dave vs State Of Gujarat 2022 LiveLaw 133 Sardar Patel Seva Trust Versus The Regional Provident Fund Commissioner II 2022 LiveLaw 134 …

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court
2 years, 11 months ago

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court

Live Law  

The Gujarat High Court has reiterated that when a Labour Court directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court, the employer is be liable to pay such workman during the period of pendency of such proceedings in the High Court. Referring to Section 17B of the Industrial Disputes Act, the …

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act
3 years ago

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act

Live Law  

The Gujarat High Court has affirmed the order of the Labour Court determining that the Petitioner-workman was not entitled to reinstatement on the ground that there was discrepancy in his deposition and the documents produced by him. The Petitioner contested that the Labour Court had erred in concluding that the Petitioner had not completed 240 days of continuous service in …

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court
3 years, 1 month ago

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court

Live Law  

Gujarat High Court Bench comprising Justice Biren Vaishnav while allowing the Petition challenging the order terminating the Petitioner's services has observed as follows; "The employer is not allowed to hire and fire even if the employee, maybe ad hoc or probationer, and the services cannot be given a go-bye by one stroke of pen on the ground of misconduct by …

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