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2010 Supreme(Guj) 472

H.K.RATHOD
United Phosphorus Ltd – Appellant
Versus
Commissioner of Labour – Respondent


Advocate Appeared:
For the Petitioner:Kd Gandhi, advocate.
For the Respondent:Shachi Mathur, Mansuri and Hina Desai, Advocates.

JUDGMENT:

Heard Mr.K.D. Gandhi learned advocate for Nanavati Associates on behalf of petitioner, learned AGP Ms.Mathur for respondent No.1 and learned advocate Mr.Mansuri for respondent No.3.

2. In present petition, the petitioner has challenged the order of reference made by State Government while exercising power under Section 10(1) of the I.D.Act, 1947 dated 31.5.2008 (Annexure - A, Page - 13 to 16) as well as notice issued by Industrial Tribunal, Baroda dated 12.6.2008 in Reference (IT) No.63 of 2008 (Annexure - B, Page - 18).

3. In present proceedings, affidavit - in - reply is filed by respondent No.1, another affidavit - in - reply is also filed by respondent No.3 Union. An affidavit - in - rejoinder on behalf of petitioner against affidavit - in - reply of respondent No.3 is also filed. There is an affidavit of Mr.P.R.Mehta, Manager (ER) of petitioner Company is also on record.

4. Mr.Gandhi learned advocate appearing on behalf of petitioner pointed out in support of challenge made in present petition Page - 132 where a letter written to Labour Commissioner dated 1.4.2008 by petitioner (Annexure - L). In the said letter, it has been brought to the notice of Labour Commissioner b

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