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M. K. THAKKER
Shah And Company Through Proprietor Paresh H Shah – Appellant
Versus
Gujarat Mazdoor Sabha Through Secretary – Respondent
JUDGMENT :
M. K. Thakker, J.
1. The present petition is filed under Article 226 of the Constitution of India for following prayer:-
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
The court ruled that a reference to the Industrial Tribunal is premature when disciplinary proceedings against employees are still pending.
The court upheld the validity of a reference order made under the Industrial Disputes Act, emphasizing the administrative nature of such references and allowing the Tribunal to adjudicate claims from....
Principle of jurisprudence that a right not exercised for a long time is non-existent. Even when there is no limitation period prescribed by any statute relating to certain proceedings, in such cases....
The main legal point established in the judgment is that a dispute under the Industrial Disputes Act can only be considered a dispute if a specific demand has been made by the workmen, and any refere....
The main legal point established in the judgment is that the power of reference under section 10 of the Industrial Disputes Act should be exercised reasonably and in a rational manner and not in a me....
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 - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
Industrial disputes under the Industrial Disputes Act can be raised at any time; delay does not bar adjudication if the dispute remains valid and justiciable.
The existence of industrial dispute is essential for making a reference, and mere delay in raising the dispute cannot be a ground for refusing to make a reference. The government's opinion about the ....
Termination of employment deemed punitive requires prior permission under Section 33 of the Industrial Disputes Act, 1947, which was not obtained, rendering the termination illegal.
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