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SCA/5275/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5275 of 2009
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GUJARAT
PETROLEUM EMPLOYEES UNION - Petitioner(s)
Versus
GAS
AUTHORITY OF INDIA LTD & 7 - Respondent(s)
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Appearance :
MR
PRABHAKAR UPADYAY for Petitioner(s) : 1,
MR ABISHEK MEHTA for M/S
TRIVEDI & GUPTA for Respondent(s):1,
NOTICE SERVED for
Respondent(s) : 2 - 3,6 - 7.
None for Respondent(s) : 4,
NOTICE
UNSERVED for Respondent(s) : 5,
8,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 13/07/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed for the following
reliefs :-
“[A]
Your Lordships may kindly be pleased to issue a writ of certiorari
and/ or mandamus or any other appropriate writ, direction and/ or
order to quash and set aside the impugned orders passed by the
Hon’ble Industrial Tribunal, Ahmedabad in Reference [ITC] No. 1290 of
2008 (old Reference No. [GCIT] No. 49 of 2005) dated 22.11.2005 at
Exh. 24 and the order dated 18.05.2009 at Exh. 29 at Annexure H and J
respectively to this petition.
[B]
Your Lordships may kindly be pleased to direct the respondents herein
to maintain the status quo with regard to the service conditions of
the concerned workman in Reference [ITC] No. 1290 of 2008 (old
Reference No. [CGIT] 49 of 2008) till the disposal of the Reference
pending before the Hon’ble Industrial Tribunal, Ahmedabad and further
be pleased to direct the Hon’ble Industrial Tribunal, Ahmedabad to
decide the Reference [ITC] No. 1290 of 2008 within the stipulated
time, which deem fit by this Hon’ble Court in the interest of
justice.
[C]
& [D] ……..”
2. Heard
learned counsel for the respective parties. Looking to the facts of
the case, I am of the opinion that ends of justice would be met by
passing the following order.
2.1 Parties
will approach the Industrial Tribunal, Ahmedabad on a date, which may
be fixed by learned counsel for the respective parties and shall,
thereafter, proceed with the hearing of Reference [ITC] No.1290 of
2008 on the date so fixed. Both the sides shall co-operate in the
proceedings before the Industrial Tribunal so as to ensure that the
Reference is disposed of as expeditiously as possible, preferably
within a period of six months from the date of receipt of this order.
It is, however, observed that this Court has not entered into the
merits of the case and that the Industrial Tribunal shall decide the
Reference on its own merits. Till the reference is disposed of, the
status-quo ordered by this Court in its order dated 04.06.2009 shall
be maintained and the service conditions of the members of the
petitioner-Union shall not be changed, without following due process
of law.
4. With
the aforesaid observations & directions, the petition stands
disposed of.
[K.S.
JHAVERI, J.]
/phalguni/
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