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2023 Supreme(J&K) 206

RAHUL BHARTI
Hindustan Coca-Cola Beverages Pvt. Ltd. – Appellant
Versus
State of J&K through Commissioner/Secretary to Government, Labour & Employment Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Virender Bhat, Advocate.
For the Respondent:Mr. Dewakar Sharma, Dy. AG, Mr. Ajay Gandotra, Advocate, Mr. Supreet Singh Johal, Adv.

JUDGMENT :

1. This is a writ petition by the petitioner-Hindustan Coca-Cola Beverages Pvt. Ltd whereby the petitioner is seeking quashment of SRO 65 of 2002 dated 08.02.2002 issued by the Govt. of Jammu and Kashmir thereby making a reference under Section 10(1) of the Industrial Disputes Act, 1947 (in short, ‘Act of 1947’) to the Jammu and Kashmir Industrial Tribunal/Labour Court for adjudication of a purported industrial dispute.

2. The precursor to the issuance of SRO 65 of 2002 is that Soft Drinks and Dairy Products Workers Union Jammu, purportedly acting as a representative of some undisclosed workmen, had petitioned Conciliation Officer under the Act of 1947 questioning a retrenchment notice dated 19.12.1999 issued by the Modern Bottling Company Private Limited, Jammu in terms whereof retrenchment of 103 workers of the said Company was sought to be given effect to.

3. In the Conciliation Proceedings before the Conciliation Officer under the Act of 1947, the petitioner came to be impleaded, along with the Modern Bottling Company Private Limited Jammu, despite its objection that it had nothing to do with the Soft Drinks and Dairy Products Workers Union and the issue of retrenchment

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