High Court of Gujarat
KAMANBHAI LAXMANBHAI HARIJANversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
Holding
The Court held that despite the delay, the workmen are entitled to a lump‑sum compensation of Rs 1,00,000 in lieu of reinstatement and back‑wages.
Summary
A group of workmen who were terminated approached the Labour Court, which ordered their reinstatement without back‑wages but granted continuity of service. The State challenged this award by filing a writ petition, and the Single Judge set aside the award on the ground of the workmen’s delay in approaching the Labour Court. The workmen appealed, contending that similarly situated employees had been reinstated and that they were being discriminated against. The Court noted that the workmen had served for six years and had been litigating for several years, and it deemed it appropriate to end the protracted dispute by directing the State to pay a lump‑sum compensation of Rs 1,00,000 in lieu of reinstatement. Consequently, the writ appeals were disposed of and the civil applications for condonation of delay were allowed.
Issues considered
- Whether the delay in approaching the Labour Court bars the workmen from obtaining relief.
- Whether the workmen are entitled to reinstatement or alternative compensation in view of alleged discrimination.
- Whether a lump‑sum payment can be awarded in lieu of reinstatement and back‑wages.
Subjects
wrongful terminationlabour courtreinstatementdelaylump sum compensationdiscriminationindustrial dispute
Judgment
C/LPA/397/2026 ORDER DATED: 08/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 397 of 2026
In R/SPECIAL CIVIL APPLICATION/13636/2018
With
R/CIVIL APPLICATION NO. 1470 of 2026
In
R/LETTERS PATENT APPEAL NO. 397 of 2026
With
R/LETTERS PATENT APPEAL NO. 398 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 13637 of 2018
With
R/CIVIL APPLICATION NO. 1471 of 2026
In
R/LETTERS PATENT APPEAL NO. 398 of 2026
With
R/LETTERS PATENT APPEAL NO. 399 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 13638 of 2018
With
R/CIVIL APPLICATION NO. 1475 of 2026
In
R/LETTERS PATENT APPEAL NO. 399 of 2026
With
R/LETTERS PATENT APPEAL NO. 400 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 13633 of 2018
With
R/CIVIL APPLICATION NO. 1486 of 2026
In
R/LETTERS PATENT APPEAL NO. 400 of 2026
With
R/LETTERS PATENT APPEAL NO. 401 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 13635 of 2018
With
R/CIVIL APPLICATION NO. 1487 of 2026
In
R/LETTERS PATENT APPEAL NO. 401 of 2026
With
R/LETTERS PATENT APPEAL NO. 402 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 13632 of 2018
With
R/CIVIL APPLICATION NO. 1528 of 2026
In
R/LETTERS PATENT APPEAL NO. 402 of 2026
================================================================
HIMMATSINH SURSINH BARIYA
Versus
STATE OF GUJARAT & ANR.
======================================================
Appearance in LPA No.397/2026, 398/2026, 399/206:
MR CHINTAN N DESAI(9940) for the Appellant(s) No. 1
Page 1 of 4
C/LPA/397/2026 ORDER DATED: 08/05/2026
MS VAISHNAVI VERMA, AGP for the Respondent(s) No. 1
======================================================
Appearance in LPA No.400/2026, 401/2026, 402/206:
MR CHINTAN N DESAI(9940) for the Appellant(s) No. 1
MS MS KRISHNA DESAI, AGP for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 08/05/2026
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The workman had approached the Labour Court
complaining that they were wrongfully terminated. The
Labour Court accepted their claim and directed
reinstatement without back-wages. It, however, granted
continuity of service.
2. Being aggrieved by this award, the State preferred
a writ-petition and learned Single Judge by the
impugned order has set aside the award, mainly on the
ground that there was a delay in the workmen
approaching the Labour Court.
3. As a consequence, workmen are in appeal.
The main plank of the argument of the workmen is that
similarly situated employees who had also secured a
Page 2 of 4
C/LPA/397/2026 ORDER DATED: 08/05/2026
similar award have been reinstated and it is only the
present set of workmen who are being discriminated
against.
4. Learned AGP on instructions, verified this assertion
and submitted that similarly placed workmen have been
reinstated. She, however, strenuously contends that no
relief can be granted to the workmen having regard to
the fact that they slept over their rights and approached
the Labour Court after an inordinate delay.
5. It is not in serious dispute and the Labour Court
has found that the workmen did work for six long years.
In that view of the matter and taking into consideration
that the workmen have been litigating for the past
several years and have also secured an award, in our
view, it would be appropriate to bring an end to this
litigation by directing the State Government to pay them
a lumpsum compensation of Rs.1,00,000/- in lieu of all of
the claims of the workmen. This course of action would
ensure that the State is also relieved of the burden of
reinstating workmen who are at the fag end of their
careers.
6. The writ-appeals are, accordingly, disposed of by
Page 3 of 4
C/LPA/397/2026 ORDER DATED: 08/05/2026
directing the State Government to pay the workmen a
lumpsum compensation of Rs.1,00,000/-. This amount is
within a period of eight weeks.
7. Civil Applications for condonation of delay is
allowed and disposed of accordingly.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 11/05/2026 12:38:30
Page 4 of 4
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