Gujarat HC Upholds Forest Department Daily Wager’s Reinstatement Without Back Wages, Citing 2018 Deposit And Missing Records

The workman claimed that he had worked as a daily wager from 1 April 2011 until the department orally terminated his services on 16 June 2020.

The department maintained that he had worked only until April 2014 and had thereafter voluntarily abandoned his employment; it also disputed that he had completed 240 days of service in the relevant period.

The Labour Court allowed the reference and directed reinstatement with continuity in service, but without back wages.

The department challenged that award under Articles 226 and 227 of the Constitution.

The Court applied the Industrial Disputes Act, 1947, observing that the applicable procedure had not been followed when the workman’s services were terminated, as no notice or wages in lieu of notice had been provided.

It also applied the supervisory standard under Article 227: interference was not warranted absent perversity or patent illegality in the Labour Court’s findings.

The Court found that the Labour Court had considered the evidence and that the department’s records, which covered only 2009–2014, did not disprove the workman’s claim of later employment.

The workman’s bank statement showed a departmental deposit on 6 November 2018, admitted by the department’s witness, and a duty pass recorded duty from 25 to 31 December 2018.

Despite the workman’s claim that he worked until June 2020, the department produced no later records.

The department also failed to substantiate its abandonment allegation with evidence that the workman had been directed to resume duty and had failed to do so.

In the absence of demonstrated perversity or patent illegality, the Court declined to interfere under Article 227.

It confirmed the Labour Court’s award directing reinstatement with continuity in service, without back wages; the Rule was discharged, with no order as to costs.