SARDARSINH SABURSINH BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal is filed under clause 15 of the Letters Patent by the appellant - original respondent assailing the correctness of order dtd. 9/7/2021 passed in Special Civil Application No. 7162 of 2009 as well as the order dtd. 22/10/2021 passed in Misc. Civil Application (for review) No. 1 of 2021 in Special Civil Application No. 7162 of 2009.

(2.) The prayers made in the writ petition before the learned Single Judge was to set aside the award passed by the learned Judge of Labour Court, Dahod in Reference (L.C.D.) No. 59 of 2008 dtd. 6/11/2008 wherein it was awarded to reinstate the workman with 40% backwages. The learned Single Judge after hearing both the parties observed that the workman has not led any evidence regarding non-employment, therefore, granting backwages was not in consonance with the law. It was further observed that regularization of the service of workman cannot be ipso facto and almost 24 years has passed from the date of retrenchment of the workman, and in that view of the matter and considering the age of the workman, the possibility of his reaching superannuation cannot be ruled out, therefore, learned Single Judge deemed it fit to grant compensation of Rs.50,000.00 as full and final settlement in lieu of reinstatement. Pursuant to passing of the order of the learned Single Judge, a review application was preferred, wherein the learned Single Judge has enhanced the compensation to Rs.50,000.00 to Rs.1,00,000.00. It is this direction granting compensation in lieu of reinstatement, which has been challenged in the present Appeal.

(3.) The factual matrix which led to the filing of the present Appeal is that the appellant - original respondent was engaged in Forest Department from 1/12/1988. It is alleged that on 17/7/1997, his services were terminated without following due procedure of law and in violation of provisions of Sec. 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act, 1947'). The workman therefore raised an issue which resulted into Labour Court Reference No. 59 of 2008. By way of an award dtd. 6/11/2008, the Labour Court had granted reinstatement with 40% backwages and continuity of service.