In a landmark judgment dated 17th June 2025, the Hon’ble High Court of Madhya Pradesh at Gwalior dismissed Writ Petition No. 1806 of 2015, filed by MP Khadi Gramodhyog challenging the Labour Court’s order directing reinstatement and back wages to workman Sunil Sharma. Representing the respondent employee, Advocate Sourav Singh Tomarsuccessfully defended the Labour Court’s award, which found the termination of services to be illegal, arbitrary, and in violation of mandatory provisions of the Industrial Disputes Act, 1947.
The petitioner had argued that the respondent had not completed 240 days of service in any calendar year and was employed on a daily-wage basis. However, Advocate Tomar, appearing for the workman, contended that the termination effected on 24.04.1997 was oral, without notice or retrenchment compensation, and was therefore illegal under Section 25F of the ID Act. The Labour Court had accepted this position, and the High Court upheld its findings, observing that the employer failed to comply with the statutory procedure of retrenchment despite the respondent being in continuous service.
Justice Milind Ramesh Phadke, delivering the judgment, held that the Labour Court rightly found the termination to be a form of retrenchment and that there was no violation of law in awarding reinstatement with 40% back wages. The Court further observed that the petitioner did not comply with Section 17-B of the ID Act during the pendency of proceedings, which mandates payment of wages to the workman after an award of reinstatement.
This judgment is a testament to Advocate Sourav Singh Tomar’s excellence in service and labour law litigation. By upholding the rights of a wrongfully terminated employee, he reinforced procedural justice and the constitutional principles of fair employment practices. TMS Law Associates continues to lead from the front in employment and industrial disputes, providing strategic and rights-based advocacy before the High Court and statutory tribunals.