Gujarat High Court Weekly Round Up: August 15 To August 21, 2022

NOMINAL INDEX Rameshbhai Bhathibhai Pagi V/S Deputy Executive Engineer 2022 LiveLaw (Guj) 328 X v/s Indext/C Industrial Extension Cottage & 1 other(s) 2022 LiveLaw (Guj) 329 Shaileshbhai Kandubhai Rathwa V/S Gurjar Shankarlal Devalal 2022 LiveLaw (Guj) 330 M/S Harsh Transport Private V/S Union Of India 2022 LiveLaw (Guj) 331 Dhavalkumar Ashokbhai Aghera v/s Reliance General Insurance Co. Ltd. 2022 LiveLaw (Guj) 332 State Of Gujarat Versus Balvantsinh Amarsinh Raj 2022 LiveLaw (Guj) 333 Rekhaben Shashikant Gade V/S State Of Gujarat & 4 other(s) 2022 LiveLaw (Guj) 334 Kumanbhai Chatrabhjubhaihujbhadaraniya & 18 other(s) v/s Manavadar Municipality & 14 other(s) 2022 LiveLaw (Guj) 335 Pruthvirajsinh Bhagirathsinh Jadeja v/s State Of Gujarat & 2 other(s) 2022 LiveLaw (Guj) 336 Jigar Bharatsingh Kshatriya V/S State Of Gujarat 2022 LiveLaw (Guj) 337 Pragnesh Harshadbhai Patel @ P.G. @ Pragnesh Gota v/s State Of Gujarat 2022 LiveLaw (Guj) 338 Jaferkhan Allarakabhai Radhanpuri V/S Dholka Nagar Palika 2022 LiveLaw (Guj) 339 Mohmed Hasan Aslam Kaliwala Versus State Of Gujarat 2022 LiveLaw (Guj) 340 JUDGMENTS/ORDERS OF THE WEEK Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC Case Title: Rameshbhai Bhathibhai Pagi V/S Deputy Executive Engineer Citation: 2022 LiveLaw (Guj) 328 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. 72,000 was awarded to each of the Petitioner-workmen rather than reinstatement with backwages. Workman Who Consents For Contractual Engagement Can't Turn Around & Seek Benefit U/S 25F Of Industrial Disputes Act: Gujarat High Court Case Title: X v/s Indext/C Industrial Extension Cottage & 1 other(s) Citation: 2022 LiveLaw (Guj) 329 The Gujarat High Court has reiterated that when there is a specific condition provided in the consent letter of employment that the appointment is on contract basis, then such workman cannot claim any benefit by contending that the Respondent establishment had breached Section 25(F) of the Industrial Disputes Act. The Petitioner, claiming to be sexually harassed by her immediate superior, was agitating an order of the Labour Court by averring that the Labour Court should have held that the contractual appointment was a mere 'camouflage' and she was entitled to retrenchment compensation. Motor Accident Claims | Child Victim Can't Be Equated To Non-Earning Adult, Must Be Compensated Under Non-Pecuniary Heads: Gujarat HC Reiterates Case Title: Shaileshbhai Kandubhai Rathwa V/S Gurjar Shankarlal Devalal Citation: 2022 LiveLaw (Guj) 330 The Gujarat High Court has reiterated that children who are victims of motor accidents stand on a different footing from non-earning adults in matter of compensation. Recalling the Supreme Court's observations in Mallikarjun v/s Divisional Manager, National Insurance Company Limited, the Bench comprising Justice Gita Gopi added that compensation awarded should enable the child to acquire something or to develop a lifestyle which will offset to some extent the inconvenience or discomfort arising out of the disability. Railway Tribunal Has Jurisdiction To Adjudicate Disputes Regarding Freight For Carriage Of Goods: Gujarat HC Refuses To Exercise Writ Jurisdiction Case title: M/S Harsh Transport Private V/S Union Of India Citation: 2022 LiveLaw (Guj) 331 The Gujarat High Court has held that Railway Claims Tribunal is competent to adjudicate disputes regarding freight for carriage of goods and any dispute with regard to the same, including imposition of punitive charges. The observation was made by Justice AS Supehia while hearing a writ petition raising a dispute with regard to freight charge demanded by the Railways from the petitioner between two stations. It was the case of the petitioner that it has paid regular freight charges to the Railway and the same were also accepted, and later on an extra freight charge was created. Motor Accident | Literate Claimants Can Exercise Discretion, Tribunals Must Avoid Investing Their Money In FDRs Without Recording Reasons: Gujarat HC Case Title: Dhavalkumar Ashokbhai Aghera v/s Reliance General Insurance Co. Ltd. Citation: 2022 LiveLaw (Guj) 332 The Gujarat High Court has permitted the premature withdrawal of Fixed Deposit Receipt of the compensation awarded in Motor Accidents Claims to an Air Force person who intended to purchase a house for his permanent residence. Justice Gita Gopi stated: "The deposited money are of the claimants. The literates can...

Gujarat High Court Weekly Round Up: August 15 To August 21, 2022

Sparsh Upadhyay

Tags