Back
A. S. SUPEHIA
Gujarat Kamgar Panchayat – Appellant
Versus
Director, Gujarat Cancer Research Institute – Respondent
JUDGMENT :
A.S. Supehia, J.
1. RULE. Learned advocates appear and waive service of notice of Rule on behalf of the respective respondents.
2. A short issue is involved in both the present writ petitions whether the order passed by the Industrial Court, Ahmedabad dated 15.03.2021 in Reference (IT) Nos. 29 of 2019 and 26 of 2019 relegating the present petitioner to file an application or avail the efficacious adjudication of the dispute under Section 10(5) of the Industrial Disputes Act, 1947 (hereinafter referred as the "I.D. Act"), is legal or not.
3. The facts which are not disputed by either of the parties is that the petitioner is a registered Union, who initiated the references for the claim of a particular pay-scale.
4. The conciliation proceedings were initiated, which culminated into Reference (IT) Nos. 29 of 2019 and 26 of 2019. During the pendency of the references, the petitioner-Union, when they came to know that in fact the respondent No. 1 is a grant-in-aid institute receiving 100% grant from the State Government, it made an application to join the State Government as a respondent in the pending reference, as per the provisions of Section 18 of the I.D. Act.
5. By the impug
Point of Law : Labour law - Contractual employee – Whether comes under Act, 1947 - Definition of “industry” under section 2(j) of ID Act shows that definition includes any kind of trade undertaking, ....
The main legal point established in the judgment is that the addition of parties to an industrial dispute reference should only be allowed if it is necessary to make the adjudication effective and en....
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
Point of Law- On aspect of decision to be rendered first below application for payment of wages under Section 17(B) of Act is concerned, such cannot be asserted as a blanket proposition but it is alw....
The Ministry of Labour cannot adjudicate its status as an 'industry' under the Industrial Disputes Act, and must refer disputes to a labour court, as its role at that stage is purely administrative.
THE CENTRAL GOVERNMENT IS THE APPROPRIATE GOVERNMENT IN RELATION TO AN INDUSTRIAL DISPUTE CONCERNING A CONTRACT LABOURER EMPLOYED AT THE OFFICE OF IBP/IOC SITUATED AT IBP HOUSE, 34A, NIRMAL CHANDRA S....
The Appropriate Government's role is to determine the existence of a dispute, not to adjudicate on the merits, and refusal to refer should be in extraordinary cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
