Gujarat High Court Weekly Roundup: May 6 - May 12, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 60-65]

Executive Engineer - Uttar Gujarat Vij Company Ltd Versus Patel Rasikbhai Rangabhai & Anr. 2024 LiveLaw (Guj) 60

Kiranbhai Harkishandas Patel Alias Kiranbhai Harkishandas Bhandari vs M/S Meet Chetans Private Limited 2024 LiveLaw (Guj) 61

Naran Devashi Meheshwari & Anr. Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 62

Dinubhai Bogabhai Solanki Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 63

Kamlesh Jivanlal Dave and Others v. State of Gujarat and Others 2024 LiveLaw (Guj) 64

Rajkot Municipal Corporation Versus Rajeshbhai Ramjibhai Purabiya 2024 LiveLaw (Guj) 65

Judgments/Orders

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

Case Title: Executive Engineer - Uttar Gujarat Vij Company Ltd Versus Patel Rasikbhai Rangabhai & Anr.

LL Citation: 2024 LiveLaw (Guj) 60

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 to the authority of the Labour Court, Tribunal, or National Tribunal to modify the punishment imposed by the employer on an employee in certain cases. This section empowers the adjudicating body to interfere with the punishment if it finds it disproportionate to the misconduct committed by the employee. It lays down specific conditions under which such interference is permissible, including cases where the principles of natural justice have not been followed during the disciplinary proceedings or where the punishment is found to be excessive considering the gravity of the offense.

Workman's Voluntary Refusal To Work In Reassigned Department After Departmental Transfer Doesn't Amount To Termination Of Service: Gujarat High Court

Case Title: Kiranbhai Harkishandas Patel Alias Kiranbhai Harkishandas Bhandari vs M/S Meet Chetans Private Limited

LL Citation: 2024 LiveLaw (Guj) 61

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.

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court

Case Title: Naran Devashi Meheshwari & Anr. Versus State Of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 62

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.

RTI Activist's Murder| 'Case Will Be Reminisced As An Antithesis To 'Satyamev Jayate': Gujarat HC Acquits Ex-BJP MP, 6 Others

Case Title: Dinubhai Bogabhai Solanki Versus State Of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 63

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 “eyewash” and that all efforts were made to ensure that the “truth is buried forever.”

Gujarat High Court Upholds Constitutional Validity Of Gujarat Land Grabbing (Prohibition) Act, 2020 Which Prescribes Minimum 10 Yrs Jail

Case Title: Kamlesh Jivanlal Dave and Others v. State of Gujarat and Others

LL Citation: 2024 LiveLaw (Guj) 64

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 the law.

The division bench held that the Land Grabbing Act, 2020, and its allied rules are not unconstitutional, dismissing claims that they violate several articles of the Indian Constitution.

The Labour Court Must Give The Employer An Opportunity To Be Heard Before Concluding The Enquiry : Gujarat High Court

Case Title: Rajkot Municipal Corporation Versus Rajeshbhai Ramjibhai Purabiya

LL Citation: 2024 LiveLaw (Guj) 65

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivediheld 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 Labour Court erred in jurisdiction by not affording the employer an opportunity to present evidence before the Labour Court.

Other Developments

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 Sunita Agarwal and Justice Aniruddha Mayee, disposed of PIL after the registrar of GNLU, Jagadeesh Chandra TG, tendered an unconditional apology to the Gujarat High Court for initially denying incidents of sexual harassment in an affidavit filed in October 2023.