Sardarsinh Sabursinh Bariya vs State Of Gujarat

Headnote AI-drafted · Reviewed and approved

The appellant-workman was engaged in the Forest Department from 01.12.1988 and his services were terminated on 17.07.1997 without following the due procedure of law, in particular in violation of Section 25F of the Industrial Disputes Act, 1947. The Labour Court, by award dated 06.11.2008 in Reference (L.C.D.) No. 59 of 2008, granted reinstatement with 40% backwages and continuity of service. The State challenged the award by filing a writ petition before the learned Single Judge, who, noting an apparent delay in filing the Reference and that almost 24 years had elapsed since retrenchment, set aside reinstatement and granted lump-sum compensation of Rs. 50,000/- as full and final settlement. On a review application filed by the workman, the compensation was enhanced to Rs. 1,00,000/-, principally on the ground that the workman was on the verge of superannuation.

In the Letters Patent Appeal the workman contended that the finding regarding 240 days of work and violation of Section 25F was concurrently upheld by both the Labour Court and the learned Single Judge; that there was no actual delay in filing the Reference, the earlier registration number (L.C.G. No. 507 of 1998) having been re-numbered as (L.C.D. No. 59 of 2008) upon transfer to the newly constituted Labour Court at Dahod; and that workmen junior to the appellant had already been reinstated. The State argued that, having regard to the workman's impending superannuation in 2025, the grant of lump-sum compensation in lieu of reinstatement was just and proper and relied upon judgments of the Supreme Court and the Gujarat High Court to that effect.

The Division Bench had to consider whether, in the face of a clear violation of Section 25F of the Industrial Disputes Act, 1947, reinstatement ought to be directed or whether the substitution of lump-sum compensation was appropriate in the circumstances.

Catchwords: Industrial Disputes · Retrenchment · Section 25F · Reinstatement · Backwages · Lump-sum Compensation · Superannuation · Letters Patent Appeal · Labour Court Award · 240 days of work · Forest Department · Workman