LPA/110/2016

Judgment text excerpt

NEUTRAL CITATION C/LPA/110/2016 JUDGMENT DATED: 17/06/2026 2026:GUJHC:36838-DB sIN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 110 of 2016 In R/SPECIAL CIVIL APPLICATION/7072/2005 With R/LETTERS PATENT APPEAL NO. 338 of 2016 In R/SPECIAL CIVIL APPLICATION NO. 14818 of 2005 ========================================================== ANTIFRICTION BEARINGS CORPN. LTD. Versus MODI ANIL AMBALAL & ANR. ========================================================== Appearance: MR VARUN K.PATEL(3802) for the Appellant(s) No. 1 MR MS MANSURI(1033) for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 17/06/2026 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. Both the management as well as the workman are in appeal. 2. Admittedly, on 22.11.1995, the service of the workman was terminated by the management. Admittedly this termination was not preceded by any inquiry. 3. The workman, being aggrieved with the termination, initially sought for conciliation, but since the same was not fruitful, the Government referred the dispute to the Labour Court. Page 1 of 7 Uploaded by () on Downloaded on : Tue Jun 30 22:54:38 IST 2026 NEUTRAL CITATION C/LPA/110/2016 JUDGMENT DATED: 17/06/2026 2026:GUJHC:36838-DB 4. Before the Labour Court, the management sought to substantiate the termination by adducing evidence in support of the termination. The management principally contended that the workman had instigated the other workers to undertake a go-slow and this had resulted in a drastic fall of production for which the management was justified in terminating the services of the workman. The Labour Cou