Gujarat High Court
Lavjibhai Veljibhai Sarvaiya vs Kathivad Metal & Tin Works Pvt Ltd on 13 October, 2023
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/SCA/6967/2010 ORDER DATED: 13/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6967 of 2010
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LAVJIBHAI VELJIBHAI SARVAIYA
Versus
KATHIVAD METAL & TIN WORKS PVT LTD
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Appearance:
MR TR MISHRA(483) for the Petitioner(s) No. 1
MR NIRAJ J SHAH(3110) for the Respondent(s) No. 1
MR YATIN SONI(868) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 13/10/2023
ORAL ORDER
1. Learned Advocate Mr. Mishra for the petitioner submitted that the Court below has committed an error in rejecting the reference without considering the fact which is proved on record that the petitioner continued in service for more than three years. It was also submitted that there is a clear violation of sections 25F, 25G and 25H of the Industrial Disputes Act,1947 [for short 'the ID Act'].
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2. It was submitted by learned Advocate Mr. Mishra that the service of the petitioner was arbitrarily and abruptly terminated inasmuch as no appointment order was issued to indicate that the petitioner was appointed for any fixed duration or on contractual basis. It was further submitted that even it is not the the case of the respondent-authority that the petitioner did not participate in the departmental inquiry and the Labour Court, without considering such issue, has erroneously come to the conclusion that the petitioner did not attend the inquiry proceedings which is contrary to the record as the petitioner attended and signed the inquiry proceedings.
3. It was further submitted that there was a artificial break given to the petitioner Page 2 of 6 Downloaded on : Fri Oct 20 20:30:34 IST 2023 NEUTRAL CITATION C/SCA/6967/2010 ORDER DATED: 13/10/2023 undefined though the petitioner was appointed in the year 1989, his service was abruptly terminated without any cause or reason given by the employer. It was therefore submitted that the findings arrived at by the Labour Court are perverse and contrary to the record though the petitioner remained present in the inquiry proceedings, the Labour Court contrary to the record, came to the conclusion that the petitioner did not participate in the inquiry so as to reject the reference.
4. Learned advocate Mr. Mishra also invited the attention of the Court to the findings of the Labour Court wherein the Labour Court has come to the conclusion that there is no breach of section 25F, 25G and 25H of the Act without there being any contrary evidence available on record to Page 3 of 6 Downloaded on : Fri Oct 20 20:30:34 IST 2023 NEUTRAL CITATION C/SCA/6967/2010 ORDER DATED: 13/10/2023 undefined show that the provisions of section 25F, 25G and 25H were fulfilled and complied with by the employer.
5. On the other hand, learned advocate Mr. Yatin Soni submitted that the respondent- company is already closed. He invited attention of the Court to the further affidavit-in-reply filed by the respondent to submit that the company went in loss and even after making all efforts, it could not make the profits and directors and managing committee of the company decided to close the company w.e.f. 31.07.2017. It was submitted that the production of the factory also got stopped from the said period and at the time, seven employees were working in the company and seven employees were paid one Page 4 of 6 Downloaded on : Fri Oct 20 20:30:34 IST 2023 NEUTRAL CITATION C/SCA/6967/2010 ORDER DATED: 13/10/2023 undefined month advance salary in lieu of notice when they were relieved from the company.
6. Learned advocate Mr. Soni submitted upon instructions that the Managing Director is ready to pay Rs. 25,000/- as ex gracia amount to the petitioner on the ground of humanity from his own fund. In view of such statement, no further adjudication is required on the matter.
7. Learned advocate Mr. Soni submitted that the account payee cheque in the name of the petitioner for Rs. 25,000/- shall be handed over to the learned advocate for the petitioner within a period of four weeks from today.
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8. In view of the above statement, the petition is disposed of. Rule is discharged.
(BHARGAV D. KARIA, J) JYOTI V. JANI Page 6 of 6 Downloaded on : Fri Oct 20 20:30:34 IST 2023