LPA/131/2017

Judgment text excerpt

NEUTRAL CITATION C/LPA/131/2017 JUDGMENT DATED: 17/06/2026 2026:GUJHC:38967-DB IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 131 of 2017 In R/SPECIAL CIVIL APPLICATION/16990/2004 ============================================= R D MIRZA Versus OIL AND NATURAL GAS CORPO.LTD. & ORS. ============================================= Appearance: MR MM SAIYED(1806) for the Appellant(s) No. 1 M/S TRIVEDI & GUPTA(949) for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 3 RULE UNSERVED for the Respondent(s) No. 2 ============================================= CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 17/06/2026 JUDGMENT (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. The appellant-workman raised a dispute, contending that he had been wrongfully terminated by the communication dated 20.04.1987, by which he was informed that, with effect from 26.02.1987, he was deemed to have resigned since he had not resumed duty despite a notice issued to him. 2. The workman contended that, in response to the notice calling upon him to resume duty, he had, in fact, produced medical certificates indicating that he was suffering from Jaundice. The Management took up the stand that he was unauthorizedly absent, and despite service of notices, he had failed to resume duty. The Management also took up the contention that the workman was not entitled to invoke the provisions of the Industrial Disputes Act, since he was working Page 1 of 9 Uploaded by () on Downloaded on : Tue Jun 30 22:48:31 IST 2026 NEUTRAL CITATION C/LPA/131/2017 JUDGMENT DATED: 17/06/2026 2026:GUJHC:38967-DB as a Security Supervisor, i.e., he was discharging supervisory duties. 3. The Labour Court on examination of the pleadings and the evidence addu