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2022 Supreme(Guj) 617

BIREN VAISHNAV
CERA SANITARYWARE LIMITED – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.M. PATEL, VARUN K. PATEL, AMRISH N. PATEL.
For the Respondents: SOAHAM JOSHI, HARSH K. RAVAL.

JUDGMENT :

BIREN VAISHNAV, J.

1. Special Civil Application No. 15907 of 2020 has been filed by the Company Cera Sanitaryware Limited for issuing a writ of mandamus and/or any other appropriate writ, order or direction in the like nature requiring the respondent Nos. 1 to 3 to enforce the Notification dated 16.10.2020 prohibiting strike and to initiate proceedings for offences punishable under Sections 26, 27, 28, 29 and 25 (U) of the Industrial Disputes Act, 1947, against the respondent No. 4, the Gujarat Mazdoor Sabha, a Union and further direct the Union and its office bearers to call off the illegal and unjustified strike. The Gujarat Mazdoor Sabha (hereinafter referred to as “a Union”) has filed Special Civil Application No. 16326 of 2020 for a prayer to quash and set aside the same Notification dated 16.10.2020 and the amendment dated 06.11.2020 prohibiting strike under Section 10(3) of the Industrial Disputes Act, 1947 and further hold that the notification prohibiting strike is violative of the fundamental rights. The direction is also prayed for to direct the respondent-State to refer the demands raised by the Union in its letters dated 04.08.2020 and 26.08.2020 as well as to

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