Synopsis

This judgment by the Gujarat High Court dismisses a writ petition filed by the State of Gujarat challenging an award of the Labour Court. The Labour Court had granted reinstatement with continuity of service to a daily wager whose services were terminated by the Forest Department. The State argued that the termination was a valid retrenchment under the Industrial Disputes Act, 1947 (ID Act), as the workman had not completed five consecutive years of 240 days of work. The High Court upheld the Labour Court's award, finding that the workman had in fact worked continuously for 240 days or more each year from 2008 to 2015. It held that the State had failed to prove that the retrenchment procedure under Sections 25F, 25G, and 25H of the ID Act was followed and that the findings of the Labour Court were based on cogent evidence, warranting no interference.

1. Proper Heading for the judgment

Citation: State of Gujarat Through Deputy Conservator of Forest v. Navinji Sakraji Thakor & Anr., R/Special Civil Application No. 16037 of 2025, decided on 23.03.2026 (Gujarat High Court)
Coram: Hon'ble Mr. Justice Aniruddha P. Mayee (Single Judge)
Core Law: Industrial Disputes Act, 1947 (ID Act).

Gujarat High Court upholds reinstatement of daily wager, holds that failure to prove compliance with Sections 25F, 25G, and 25H of ID Act vitiates retrenchment, despite employer's claim of non-completion of five years.

2. Legal framework

This judgment applies the protective provisions of the Industrial Disputes Act, 1947, for workmen employed on a daily-wage basis.

• Industrial Disputes Act, 1947 (ID Act):
  Section 2(oo): Defines "retrenchment."
  Section 25F: Lays down the conditions preceden

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