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M. K. THAKKER
National Engineering Industry Ltd. – Appellant
Versus
Deputy Labour Commissioner – Respondent
JUDGMENT :
M. K. Thakker, J.
1. Rule returnable forthwith. Learned advocates for the respondents waives service of Rule.
2. With the consent of the parties the matters are heard finally.
3. Being aggrieved and dissatisfied with the reference order made by the State government to the learned Industrial Tribunal, Ahmedabad present petition is filed under Article 226 and 227 of the Constitution of India.
4. The facts needed to be considered for the disposal of the case are as under:
4.1. The petitioner company is engaged in manufacturing and export and is re-known for excellent quality and delivery of the bearings and it's one plant is located at Salvi, Vadodara which became operational since 2014. Labour dispute arose in the said plaint 04.08.2020 and as per the allegation of the petitioner company on the instigation of Union, the employees of the petitioner and the contract casual labourers went on strike. Due to intervention of local MLA on 10.08.2020 the strike was called of and all employees of the company were permitted to join service without changes in their service conditions. Thereafter, Union again got involved in instigating the contract labours and one of the contract labourer
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....
A dispute between a principal employer and contractors' workers does not constitute a valid industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947, due to the absence of an employ....
The court ruled that without establishing an employer-employee relationship, reference under Section 10 of the Industrial Disputes Act is inappropriate; contracts are valid unless proven otherwise.
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....
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 ....
The existence of an industrial dispute at the time of Reference is essential, and delay in raising the dispute does not extinguish it.
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.
The court clarified that direct prior demands are not mandatory for initiating conciliation and that the contractor-worker relationship can be adjudicated in the context of unfair labor practices and....
The court ruled that a reference to the Industrial Tribunal is premature when disciplinary proceedings against employees are still pending.
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 ....
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