IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT th ON THE 13 OF OCTOBER, 2025 WRIT PETITION No. 6447 of 2012 THE CHAIRMAN, GWALIOR VYAPAR MELA PRADHIKARAN AND ANOTHER Versus THE PRESIDING OFFICER AND ANOTHER Appearance:

Shri Arun Dudawat - Advocate for petitioners.

None for respondents.

ORDER

This petition, under Article 226/227 of the Constitution is filed assailing the order dated 25.03.2006 passed by respondent No.3 whereby he referred the matter for adjudication to the Labour Court while invoking the provisions under Section 10 of Industrial Disputes, Act, 1947 on a dispute as mentioned in the schedule and award dated 26.03.2012 passed by Labour Court No.1 Gwalior answering the reference in favour of workman by holding termination to be unlawful and directed for reinstatement along with 20% back-wages.

2. Learned counsel for the petitioner/employer had primarily raised two pivotal grounds:-

(i) As the establishment of Gwalior Vyapar Mela Pradhikrana is not an Industrial Establishment, therefore, no such dispute which comes within the purview of 'Industrial Disputes' exists.

(ii) As in the establishment of Gwalior Vyapar Mela Pradhikaran