IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 815 of 2023 With CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 815 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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Approved for Reporting Yes No No ==========================================================

AGEW STEEL MANUFACTURERS PRIVATE LIMITED Versus MAHAGUJARAT LABOUR UNION & ANR.

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Appearance:

MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1 MR UT MISHRA(3605) for the Respondent(s) No. 1 MS ROSHNI PATEL AGP for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 05/03/2026

JUDGMENT

1. By way of present petition filed under Articles 14, 19(1)(g), 226 and 227 of the Constitution of India r/w the provision of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the "I.D. Act") the petitioner has challenged interim order dated 11.11.2022 passed by the Industrial Tribunal, Ahmedabad below Exh. 7 in Reference (IT) No. 52 of 2022 and prayed inter alia that:-

"8(A) This Hon'ble Court may be pleased to issue a writ of certiorari and / or a writ in the nature of certiorari and / or any other appropriate writ, order or direction may be issued (i) to quash and set aside the impugned order dated

11.11.2022 at Annexure-A passed below Exh.7 in Reference (IT) No. 52 of 2022 by the learned Industrial Tribunal, Ahmedabad;

(ii) to quash and set aside impugned order of making Reference dated 24.04.2022 at Annexure-B made by respondent No.2;

(B) Pending the admission, hearing and final disposal of this petition, this Hon'ble Court Court may be pleased to stay the execution, implementation and operation of impugned order dated 11.11.2022 at Annexure-A passed below Exh.7 in Reference (IT)

No. 52 of 2022 by the learned Industrial Tribunal, Ahmedabad.

(C) Pending the admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the further proceedings of Reference (IT) No.52 of 2022 pending before learned Industrial Tribunal, Ahmedabad;

(D) Any other and further relief or reliefs to which this Hon'ble Court deemed fit, in the interest of justice; may kindly be granted;"

2. The facts giving rise to present petition are that the petitioner is a small private limited company engaged in the manufacturing of steel doors and their components. Due to global recession, severe competition in the steel fabrication industry and increased cost of production, the petitioner has been suffering heavy financial losses during the last few years and is facing serious liquidity constraints. Despite such financial difficulties, the petitioner has continued its operations and has been paying its workmen wages substantially higher than the minimum wages, i.e., approximately Rs.70/- to Rs.150/- per day above the prescribed minimum wages along with other statutory benefits such as Provident Fund, ESI and regular increase in Variable Dearness Allowance (VDA) every six months as notified by the appropriate Government.

2.1 Earlier also a settlement was arrived at between the petitioner and respondent No.1 union in Special Civil Application No.7293 of 1997 and consent terms dated 08.10.1998 were filed before this Court. Even after expiry of the said settlement, the petitioner has granted periodical wage increases to its workmen, including four wage increases between the year 2012 and January 2022. However, ignoring the financial condition of the petitioner, respondent No.1 raised an industrial dispute by submitting a charter of demands before respondent No.2. The said dispute came to be registered in conciliation proceedings as IDC Case No.150 of 2021.

2.2 During the pendency of the conciliation proceedings, a settlement dated 26.11.2021 was voluntarily executed between t