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SCA/13569/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13569 of
2009
=========================================================
SAURASHTRA
CHEMICALS LTD - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
NANAVATI
ASSOCIATES for
Petitioner(s) : 1,
Ms. Sachi Mathur AGP for Respondent(s) :
1,2,3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/04/2010
ORAL
ORDER
Heard
learned senior advocate Mr.K.S.Nanavati with learned advocate
Mr.K.D.Gandhi on behalf of the petitioner and Learned A.G.P.
Ms.Mathur appearing on behalf of the respondent No.1, 2 and 3. The
petitioner has challenged, as per prayer clause para-57(A), to quash
and set aside the notification dated 25.02.1988 and order dated
26.10.2009 passed by Deputy Secretary to Government of Gujarat,
Labour and employment Department and notice dated 18.11.2009 issued
by Government Labour Officer, Porbandar and also to quash and set
aside Criminal Case No.12849 of 1990 pending in the Court of JMFC,
Porbandar.
At
this stage, the vires of Section 3(A) of Industrial Disputes
(Gujarat Amendment) Act, 1972 and Rules 61-(A) to 61-(Z) of the
Industrial Disputes (Gujarat Rules), 1966 are not challenged by the
petitioner.
Today,
when the matter is taken-up for hearing, learned senior advocate
Mr.K.S.Nanavati submitted that a fresh representation is made by the
petitioner to learned Labour Commissioner on 19.02.2010 to point out
the circumstances in which the petitioner is entitled for exemption
under Section 36(b) of the Industrial Disputes Act, 1947 read with
Section 3(A) of the Industrial Disputes (Gujarat Amendment) Act,
1972. He submitted that let this representation be examined by
respondent-Authority after giving reasonable opportunity of hearing
to the petitioner.
I
have considered the submissions made by learned advocate Mr.Nanavati
and learned A.G.P. Ms.Mathur. It is directed to respondent
No.1-State of Gujarat to decide the representation dated 19.02.2010,
which is submitted to learned Labour Commissioner, after giving
reasonable opportunity of hearing to petitioner, in accordance with
law, within a period 3(Three) months from the date of receiving a
copy of this order. It is further directed to respondent No.1 to
give personal hearing before deciding representation dated
19.02.2010. Let respondent No.1 consider it to be a fresh
representation made by the petitioner.
Meanwhile,
criminal proceedings which is pending before learned JMFC, Porbandar
being Criminal Case No.12849 of 1990 shall not proceed further till
further decision is taken by the respondent No.1
A
copy of the representation, which has been made on 19.02.2010 and
addressed to learned Labour Commissioner, is taken on record.
In
view of aforesaid observations and directions, present petition is
disposed of without expressing any opinion on merits.
Interim
relief if any stands vacated.
(H.K.RATHOD,
J.)
..mitesh..
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