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...

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 of Justice 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...