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2007 Supreme(Guj) 777

H.K.RATHOD
APOLLO TYRES LIMITED – Appellant
Versus
COMMISSIONER OF LABOUR – Respondent


Advocates appeared:
MR KIRAN C RAVAL for Petitioner(s): 1,
None for Respondent(s): 1 - 2

ORAL ORDER

1. Heard learned Advocate Mr. Kiran C. Raval for the petitioner.

2. Looking to the prayer made by the petitioner in para 20-(i) of the petition, the petitioner is praying to quash and set aside the impugned order of Reference dated 22.6.2007 at annexure E and direct the Industrial Tribunal, Vadodara not to continue adjudication of the Reference being Ref.(IT) NO. 84 of 2007 pursuant to impugned order at annexure E. Petitioner is also praying to stay further adjudication proceedings of said reference pending before the Industrial Tribunal at Vadodara pending hearing and final disposal of this petition.

3. Learned Advocate Mr. Raval has raised various contentions before this Court while challenging the aforesaid order of reference. He submitted that this being an individual dispute converted in an industrial dispute, therefore, order of reference is bad. He also submitted that the union which is not representing substantial number of workmen has raised a dispute only in respect of employees those who are placed under suspension by the petitioner company. He also submitted that recently, there is settlement wherein the union is not a party which has raised industrial dispute


















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