Gujarat High Court Weekly Round-Up: April 29 - May 5, 2024

Gujarat Water Supply & Sewerage Board v. Man Industries (India) Ltd 2024 LiveLaw (Guj) 53

MOHAMAD IMRAN SHAIKH Versus STATE OF GUJARAT 2024 LiveLaw (Guj) 54

Director General R.P.F & Ors. Versus Diwan Singh, Bvp (Workshop) 2024 LiveLaw (Guj) 55

Jetpur Navagadh Municipality Versus Pathan Yunuskhan Jamyalkhan 2024 LiveLaw (Guj) 56

Manilal Manglaji Zariya & Ors. vs State Of Gujarat & Ors. 2024 LiveLaw (Guj) 57

Range Forest Officer Versus Virjibhai Ranchhodbhai & Anr. 2024 LiveLaw (Guj) 58

Shalibhadra Adinath Enterprise and Shalibhadra Apartment Through Member Versus Kanan Maruday Padaram 2024 LiveLaw (Guj) 59

Judgments/Orders

Under Section 33 Of The A&C Act, The Arbitrator Can Interpret Its Original Award And Give An Additional Award: Gujarat High Court

Case Title: Gujarat Water Supply & Sewerage Board v. Man Industries (India) Ltd

LL Citation: 2024 LiveLaw (Guj) 53

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 an additional award if in the earlier award it had only determined the liability of the parties without clarifying the exact amount payable under the award.

Gujarat High Court Dismisses PIL Challenging RTE Admission Procedure Due To Lack Of Research; Directs Litigant To Collect Data Before Further Action

Case Title: MOHAMAD IMRAN SHAIKH Versus STATE OF GUJARAT

LL Citation: 2024 LiveLaw (Guj) 54

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 by Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, it was stated, “All submissions with regard to the data as narrated in the writ petition are hypothetical and there is no research or collection of data as to the number of children belonging to the poor strata of society, who would be deprived of by taking admission in a private school under 25% quota, if the contention of the petitioner is accepted that due to gap on account of increase in age, lesser number of children would get admission in the current academic session. Moreover, the petitioner has straight-away approached this Court by means of a PIL without bringing this fact to the knowledge of the competent authority.”

Reinstatement With Continuity of Service And Back Wages Is General Rule, Relief May Be Enhanced Considering Nature Of Misconduct By Management: Gujarat High Court

Case Title: Director General R.P.F & Ors. Versus Diwan Singh, Bvp (Workshop)

LL Citation: 2024 LiveLaw (Guj) 55

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 an RPF Constable, was absent from duty due to compelling circumstances such as a health emergency and therefore, his termination was invalid.

Reinstatement With Back Wages Is Not Automatic Even In Cases Of Illegal Termination, Courts Might Provide Lumpsum Compensation: Gujarat High Court

Case Title: Jetpur Navagadh Municipality Versus Pathan Yunuskhan Jamyalkhan

LL Citation: 2024 LiveLaw (Guj) 56

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivediheld 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.

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court

Case Title:Manilal Manglaji Zariya & Ors. vs State Of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 57

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 for regularly appointed workmen. Thereby, the bench directed the Forest Department to assess the services of the aggrieved Workmen and grant them permanency upon receiving individual applications.

Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court

Case Title: Range Forest Officer Versus Virjibhai Ranchhodbhai & Anr.

LL Citation: 2024 LiveLaw (Guj) 58

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivediheld 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.

Personal Services Lacking Commercial Activity Do Not Qualify As Industrial Work For Purposes Of Industrial Disputes Act: Gujarat High Court

Case Title: Shalibhadra Adinath Enterprise and Shalibhadra Apartment Through Member Versus Kanan Maruday Padaram

LL Citation: 2024 LiveLaw (Guj) 59

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 not qualify as industrial activities.

Other Developments

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, “Its registrar filed an affidavit before us saying nothing happened and asked us to close the matter and he had the audacity to say this before us when the court was seized with the matter.”