Gujarat High Court
Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court
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 it appropriate to award a lump sum compensation to the Workman. Brief Facts: The...
Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Orrisa High Court
The Orrisa 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. It further noted that once permanency is granted, these workmen are also entitled to additional benefits such as pensions and higher pay scales which are available for regularly appointed workmen. Thereby, the bench directed the Forest Department to assess the services...
Reinstatement With Back Wages Is Not Automatic Even In Cases Of Illegal Termination, Courts Might Provide Lumpsum Compensation: Gujarat High Court
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. Lump sum compensation might be provided instead, considering factors like the nature of employment and length of service. Brief Facts: The Workmen initiated proceedings before the labour court in Rajkot...
Reinstatement With Continuity of Service And Back Wages Is General Rule, Relief May Be Enhanced Considering Nature Of Misconduct By Management: Gujarat High Court
The Gujarat High Court division bench ofJustice Biren Vaishnav and Justice Pranav Trivedi held that in cases of wrongful termination, reinstatement with continuity of service and back wages is the general rule. The relief granted to the workmen might be enhanced if other wrongful conduct on the part of the Management is found. The High Court found that the Workman, employed as...
Gujarat High Court Dismisses PIL Challenging RTE Admission Procedure Due To Lack Of Research; Directs Litigant To Collect Data Before Further Action
The Gujarat High Court has rejected a public interest litigation (PIL) challenging a Government Resolution dated August 4, 2020, which outlines the operating procedures for compliance with the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) along with the associated rules established by the State of Gujarat in 2012.In the decision rendered by the division bench led...
Gujarat High Court Weekly Round-Up: April 22 - April 28, 2024
Nominal Index [Citations: 2024 LiveLaw (Guj) 45-53]Shiv Crackers Vs Chief Commissioner of CGST & C.E. & Anr. 2024 Livelaw (Guj) 45Amod Anil Bhave Versus State Of Gujarat 2024 LiveLaw (Guj) 46Sarvaiya Rajubhai Bachubhai Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 47Shankarbhai Rathava & Ors. Versus Gujarat Public Service Commission & Ors 2024 LiveLaw (Guj)...
Gujarat High Court Directs GNLU Registrar To Apologize For Mishandling Rape Allegation Case
The Gujarat High Court has directed the Registrar of Gujarat National Law University (GNLU) to submit an apology for initially failing to file a complaint and subsequently submitting an affidavit to the Court, claiming that nothing had occurred and urging the Court to close the matter over allegations of rape.During a previous hearing on February 28, the Court had verbally remarked,...
Under Section 33 Of The A&C Act, The Arbitrator Can Interpret Its Original Award And Give An Additional Award: Gujarat High Court
The High Court of Gujarat has held that after an award is delivered by the arbitrator, it can entertain an application under Section 33 of the A&C Act and correct any typographical errors or provide an interpretation on the award by making an additional award.The bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee held that the arbitrator can provide calculations by way of...
Gujarat High Court Allows CENVAT Credit On Welding Electrodes, Welding Wire, Etc. Used For Laying Rail Lines Outside Factory
The Gujarat High Court has allowed the cenvat credit on welding electrodes, welding wire, etc. used for laying rail lines outside factories.The bench of Justice Bhargav D. Karia and Justice Niral R. Mehta, while dismissing the appeal of the GST department, observed that CESTAT has correctly allowed the Cenvat credit on inputs, i.e., welding electrodes, wire FLR, filler wires, welding wires,...
Morbi Tragedy| 'It Wasn't An Act Of God; You Played With Public Property': Gujarat HC Presses 'Oreva' For Comprehensive Victims' Rehabilitation Plan
Following the issuance of a contempt notice against Jaysukh Patel, director of Oreva company, for non-compliance with court orders and causing delays, the company has issued an apology, which the Gujarat High Court has accepted today and decided not to pursue contempt proceedings against the managing director, for the 'time being'However, the division bench, led by Chief Justice Sunita...
Award By MSEF Council Cannot Be Challenged In Writ, Remedy Under Section 34 Of A&C Act Must Be Availed: Gujarat High Court
The bench of Justice Vaibhavi D. Nanavati of Gujarat High Court has held that an award passed by MSEF Council under Section 18 of the MSMED Act cannot be directly challenged in a writ petition and the aggrieved party has to challenge it under Section 34 of the A&C Act. The Court relied upon the judgment of the Supreme Court in India Glycols Ltd., Vs. Micro and Small...
Procedural Requirements Of Retrenchment Notice And Payment In Lieu Of Notice Must Be Fulfilled Under Both S. 25F of ID Act And State Rules: Gujarat High Court
The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi summarily dismissed an appeal filed against Trivedi Crafts, an Ahmedabad-based marble dealer. The bench perused Section 25F of the Industrial Disputes Act and Rule 80B of the Industrial Disputes (Gujarat) Rules, 1996 and held that the procedural requirements of retrenchment were duly followed by...