IMPORTANT POINT
The court ruled that a reference to the Industrial Tribunal is premature when disciplinary proceedings against employees are still pending.

JUDGMENT :

M. K. Thakker, J.

1. The present petition is filed under Article 226 of the Constitution of India for following prayer:-

“9) The petitioners, therefore, most respectfully pray that :-

A) This Hon'ble Court may be pleased to issue writ of mandamus and/or any other appropriate writ, order or direction to quash and set aside the order of reference made by respondent No. 3 dated 24.02.2021 to the Industrial Tribunal, Ahmedabad (Annexure-A) and all consequential proceedings before the Industrial Tribunal being Reference (IT) No. 48 of 2021 be quashed and set aside.”

2. Brief facts arising for the consideration of the present petition is that the respondent No.1-Union is registered under the Trade Union Act and respondent No.2- company is duly registered and incorporated under the Provisions of the Company’s Act and engaged in the business of manufacturing life saving drugs and pharmaceutical products. The petitioners are labour contractors engaged by respondent No.2 to supply contractual labourers for work as per the agreement between the respondent-company and the petitioner. From 26.02.2020, certain contractual labourers working in the first shift collusively refused to work as per the instructions given to them by their supervisor, therefore, notices were placed on notice board on 26.02.2020, 27.02.2020 and 29.02.2020. Thereafter, disciplinary proceedings were initiated by placing the respective employees under suspension impending inquiry and has issued show-cause notice-cum-chargesheet on 06.03.2020. Disciplinary proceedings and departmental inquiry against the said erring employees who committed misconduct is pending as on date.

2.1. The petitioner has also served the suspension order on 02.03.2020 to the respective erring employees, departmental proceeding is pending and legal action is initiated in accordance with the applicable standing orders against the employees who has stopped working all of a sudden. Respondent No.1-Union vide communication dated 04.07.2020 has demanded to revoke the suspension order and to cancel the show-cause notice-cum-charge sheet against the erring officers.

3. The name of the workers who resorted to illegal strike/stoppage of work upon the instigation of one Mr.Gautam D.Makwana are stated herein below:-

1. Nirmalaben R.Parmar

2. Minaben V.Bhabhariya

3. Sangitaben V.Parmar

4. Gitaben B.Chauhan

5. Ritaben L.Solanki

6. Minaben R.Suvar

7. Savitaben D.Solanki

8. Kundanben M.Dhabi

9. Divyaben B.Parmar

10. Bhavnaben G.Vaniya

11. Pushpaben A.Lakum

3.1. On the basis of such demand letter Union has raised Industrial Dispute before the Conciliation Officer for which the petitioner received the notice on 07.09.2020 from the Conciliation Officer informing to attend the hearing on 29.09.2020. Petitioner also received the notice of hearing in respect of demand made by the Union from Conciliation Officer on 06.11.2020, petitioner submitted the reply-objection to Conciliation Officer on 16.12.2020. Thereafter, on submitting the failure report on 27.01.2021 to the Deputy Labour Commissioner the written objections were filed by the present petitioner raising the issue of maintainability of the proceedings because the demand of the Union is premature, illegal and not justified. The Labour Commissioner, vide order dated 24.02.2021 made a reference to the Industrial Tribunal for adjudication which was registered at Reference IT No.48 of 2021 and the petitioner received the notice in form of No.8 & 9 on 15.03.2021 from the Industrial Tribunal, which is subject matter of challenge before this Court.

4. Heard learned advocate Mr. R.D.Dave for the petitioner and learned advocate Mr.Amresh Patel for the respondent.

5. Learned advocate Mr.Dave submits that demand of the respondent-workmen is premature at this stage. In view of the fact that show-cause notice-cum-charge-sheet in accordance with the applicable standing orders upon the contract employees and the departmental proceedings of inquiry is already initiated and same canno