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SCA/3555/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3555 of 2011
=========================================================
R
S BABARIYA & 47 - Petitioner(s)
Versus
DEPUTY
LABOUR COMMISSIONER AND CONCILIATION OFFICER & 3 - Respondent(s)
=========================================================
Appearance
:
MR
NAYAN D PAREKH for
Petitioner(s) : 1 - 48.
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 16/03/2011
ORAL
ORDER
Heard
learned advocate Mr. ND Parekh on behalf of petitioners employees.
In
present petition, according to prayer made by petitioners in para
8(B) order passed by Conciliation Officer on 11/8/2010 is under
challenged, in Industrial Disputes case no. 79/10, which is pending
before Conciliation Officer, Ahmedabad. The Conciliation Officer
has decided application, which was made by workmen on 28/6/2010
before Conciliation Officer to be join as party in Conciliation
proceeding, in which industrial disputes raised by Gujarat Labour
Union. The said application has been rejected by Conciliation
Officer. The answer given by Conciliation Officer that an
individual employee can not be join as party in Conciliation
Proceeding. The grievance of petitioners workmen is that they were
members of Gujarat Labour Union but they all were given resignation
from Gujarat Labour Union and joined new Union i.e. Karl Marx
General Labour Union. For that, a separate application has been
made by Union on 15/6/2010 to Dy. Labour Commissioner, Ahmedabad,
where grievance was raised by Karl Marx General Labour Union is that
establishment is adopting unfair labour practice while employing
employees.
In
light of this back ground, without deciding legality and validity of
order dated 11/8/2010, which is under challenged. Let Karl Marx
General Labour Union may file such application to be join as party
in Industrial Disputes Conciliation case no. 79/2010 immediately
before Conciliation Officer, Ahmedabad. It is directed to
Conciliation Officer, Ahmedabad a moment Conciliation Officer
receive such application from Karl Marx General Labour Union to be
join as party in aforesaid Conciliation proceeding, then it is
directed to Conciliation Officer to examine it and decide it after
giving reasonable opportunity of hearing to general workers Union as
well as Management, Air Control and Chemical Engineer Company ltd as
early as possible within a period of fifteen days from date on which
such application will receive from Karl Marx General Labour Union
and communicate decision to all respective parties.
Let
Conciliation Officer may consider such application which will be
received from Karl Marx General Labour Union to be join as party in
conciliation proceeding who representing numbers of worker those who
are petitioner before this Court and if Conciliation officer require
scrutiny from Karl Marx General Labour Union whether such workers
are members of union or not? For that, Karl Marx General Labour
Union must have to satisfy Conciliation Officer that these employees
are members of Karl Marx General Labour Union. In short, membership
must have to be scrutinized and checked up by Conciliation Officer.
Thereafter, to pass appropriate orders in accordance with law within
a period of fifteen days from date of receiving copy of such order.
Learned
advocate Mr. Parekh submitted that membership of Karl Marx General
Labour Union has been verified by Conciliation Officer as per letter
dated 12/7/2010 page 60 Annexure J. If that be so, question of
further verification of membership of Karl Marx General Labour Union
does not arise, and same may be considered to be membership of Karl
Marx General Labour Union. On that basis, to consider an
application which will be made by Karl Marx General Labour Union.
It is further directed to Conciliation Officer, Ahmedabad so long
such application, which will be made by Karl Marx General Labour
Union is not decided, conciliation proceeding can not be closed
under section 20 of Industrial Disputes Act, 1947.
In
view of above observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
Direct service is permitted.
(H.K.RATHOD,
J)
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