Gujarat High Court
'Utterly Failed In Discharge Of His Duty': Gujarat High Court Criticises GNLU Director For Silence On Varsity's Stand In Campus Harassment Case
The Gujarat High Court has expressed displeasure at the director of Gujarat National Law University (GNLU) for his silence regarding the university's stance in court proceedings related to alleged harassment and sexual abuse on campus.The Court disposed of the suo motu PIL on 1st May after accepting GNLU registrar's apology and assurance by the university to improve administration. However,...
The Labour Court Must Give The Employer An Opportunity To Be Heard Before Concluding The Enquiry : Gujarat High Court
The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that if the inquiry conducted by the employer was found illegal or violative of principles of natural justice, the Labour Court is legally obligated to provide an opportunity of hearing to the employer before deciding the matter. The bench concluded that both the Single Judge bench and the...
Gujarat High Court Upholds Constitutional Validity Of Gujarat Land Grabbing (Prohibition) Act, 2020 Which Prescribes Minimum 10 Yrs Jail
In a significant verdict, the Gujarat High Court today upheld the constitutional validity of the Gujarat Land Grabbing (Prohibition) Act, 2020, along with its allied rules. The Act is yet to receive Presidential assent.The ruling came from a bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee, who pronounced judgement on a batch of over 150 petitions challenging...
GNLU Registrar Issues Unconditional Apology To Gujarat High Court For Denying Allegations Of Sexual Harassment At University
While concluding a significant chapter in the ongoing saga surrounding alleged incidents of sexual harassment and queerphobia at the Gujarat National Law University (GNLU), the Gujarat High Court last week disposed of the suo motu Public Interest Litigation (PIL) pertaining to rape allegations by a second-year law student against her batchmate. The division bench comprising Chief Justice...
RTI Activist's Murder| 'Case Will Be Reminisced As An Antithesis To 'Satyamev Jayate': Gujarat HC Acquits Ex-BJP MP, 6 Others
The Gujarat High Court today pronounced judgment acquitting a former BJP Member of Parliament Dinu Solanki and six others in the high-profile case of the murder of RTI activist Amit Jethwa (in Jully 2010). While doing so, a bench of Justice AS Supehia and Justice Vimal K Vyas sternly observed that the investigation in the case, right from its inception, appeared to be an...
Gujarat High Court Weekly Round-Up: April 29 - May 5, 2024
Nominal Index [Citations: 2024 LiveLaw (Guj) 53-60 ]Gujarat Water Supply & Sewerage Board v. Man Industries (India) Ltd 2024 LiveLaw (Guj) 53MOHAMAD IMRAN SHAIKH Versus STATE OF GUJARAT 2024 LiveLaw (Guj) 54Director General R.P.F & Ors. Versus Diwan Singh, Bvp (Workshop) 2024 LiveLaw (Guj) 55Jetpur Navagadh Municipality Versus Pathan Yunuskhan Jamyalkhan 2024 LiveLaw (Guj)...
Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court
The Gujarat High Court single bench of Justice Nikhil S. Kariel held that the period prior to the date of regularisation, wherein the Workman met the requirement of working 240 days, must be factored into the calculation of pension and other retirement benefits.Brief Facts:The period of service rendered by the Petitioner's husband (“Deceased Workman”) before his regularization under...
Workman's Voluntary Refusal To Work In Reassigned Department After Departmental Transfer Doesn't Amount To Termination Of Service: Gujarat High Court
The Gujarat High Court single bench of Justice Mauna M. Bhatt held that a workman's refusal to work in a reassigned department after a departmental transfer does not constitute 'termination' by the Management if the provisions of such transfers were included in the Workman's appointment letters. Brief Facts: The Petitioner (“Workman”) was employed as a Machine Operator in...
ID Act When Charges Of Serious Nature Are Not Proved And Punishment Is Disproportionate, Labour Court Has Right To Invoke Section 11A: Gujarat High Court
The Gujarat High Court single bench of Justice Mauna M. Bhatt held that when the charges of serious nature are not proved and the punishment awarded by the Management is rightly held to be disproportionate, the Labour Court has the right to invoke Section 11A of the Industrial Disputes Act, 1947 to interfere with the punishment. Section 11A of the Industrial Disputes Act, 1947 pertains...
Personal Services Lacking Commercial Activity Do Not Qualify As Industrial Work For Purposes Of Industrial Disputes Act: Gujarat High Court
The Gujarat High Court single bench of Justice Mauna M. Bhatt held that personal services which are not in nature of a commercial activity render the serving Association outside the ambit of the definition of 'industry' under Section 2(j) of the Industrial Disputes Act, 1947. The bench noted that services rendered to the members of a society, formed solely for their benefit, do...
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...
Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court
The Gujarat 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...