IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION No 3056 of 2003
in
SPECIAL CIVIL APPLICATIONNo 9042 of 2002
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CHEMICAL MAZDOOR PANCHAYAT
Versus
GUJARAT INDUSTRIAL TRUCKS LTD.
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Appearance:
1. Civil Application No. 3056 of 2003
MS SONA SAGAR for Petitioner No. 1
MR JV JAPEE for Respondent No. 1
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CORAM : MR.JUSTICE H.K.RATHOD
Date of Order: 02/05/2003
ORAL ORDER
1.Heard learned advocate Ms.Sona Sagar appearing on
behalf of the applicant – original respondent No.2 and
learned advocate Mr.J.V.Japee appearing on behalf of the
opponent – original petitioner.
2.In a main writ petition being Special Civil
Application No.9042 / 2002, the original petitioner has
challenged two orders passed by the Industrial Tribunal,
Surat viz. the order passed by the Industrial Tribunal
in Reference No.9 / 1995 dated 31st December, 1998
wherein the Industrial Tribunal, Surat has directed the
employer to lift lock out with effect from 25th November,
1992 and to give work and reinstate all the respondent
workmen and also to pay full wages with effect from 25th
November, 1992 till the the workmen are actually
reinstated in service. This order has been passed by the
Industrial Tribunal, Surat exparte in absence of the
petitioner and therefore petitioner has approached the
Industrial Tribunal by way of Miscellaneous Application
No.1/1999 in Reference No.9/1999. That said application
has been rejected by the Industrial Tribunal, Surat on
29th September, 2000 and that is how the challenge made
by the petitioner before this Court challenging the
exparte award passed by the Tribunal as well as the order
passed by the Industrial Tribunal rejecting the
application for setting aside the exparte award.
3.This Court has issued RULE and granted ad-interim
relief in terms of para-12[B] vide order dated 7th
October, 2002 and on account of the grant of interim
relief granted by this Court, reinstatement of the
respondents workmen has been stayed. Learned advocate
Ms.Sona Sagar has submitted that the dispute was raised
by the Union relating to 79 workmen those who are out of
job on account of illegal lock out declared by the
employer. In view of this fact, when reinstatement has
been stayed by this Court, present application is filed
by the respondent with a prayer to vacate the ad-interim
relief granted by this Court on 7th October, 2002. Over
and above the written reliefs as prayed for in the
present civil application, learned advocate Ms.Sagar
orally suggests that if this Court is not inclined to
vacate ad-interim relief granted earlier by this Court
after giving by-parte hearing at this stage, in such
eventuality, this Court may grant benefits under Section
17-B of the I.D.Act to all the concerned workmen from the
date of award as they are out of job on account of
illegal lock out declared by the employer. She also
undertakes that the workmen concerned who are unemployed
and not gainfully employed, will individually file
necessary affidavit as required under Section 17-B of the
I.D.Act, 1947.
4.Learned advocate Mr.Japee appearing on behalf of
the original petitioner wants some time to file detailed
reply against the present civil application on the ground
that he received a copy of this civil application
yesterday only and further pleaded that since his client
is at Surat, he needs some instructions from his client
and therefore, this matter may be adjourned for couple of
days. However, the request made by the learned advcoate
Mr.Japee is not acceded to by this Court on the ground
that at this stage this Court is not inclined to hear
this matter for vacating the ad-interim relief granted by
this Court on date date 7th October, 2002 by giving
by-parte hearing, but this Court, at this stage, only
considers the aspect of grant of benefits to the original
respondent workmen under Section 17-B of the I.D.Act,
1947. However, learned advocate Mr.Japee contended that
this is not illegal lock out declared by the petitioner.
But this contention is not dealt with at this stage on
merits as this Court in not hearing the main issue
involved in this petition and the same will be considered
at the time of final hearing of this petition.
5.It may be appreciated that the Industrial
Tribunal, Surat has in its award directed the employer to
lift lock out with effect from 25th November, 1992 and to
give work and reinstate all the respondent workmen and
also to pay full wages with effect from 25th November,
1992 till the the workmen are actually reinstated in
service but since this Court granted ad-interim relief in
favour of the original petitioner, operation of award in
favour of the respondents workmen has been stayed by this
Court, meaning thereby, provisions of Section 17-B of the
I.D.Act become operative and the said provisions being
the mandatory provision, the same are required to be
complied with by the employer.
6.This Court has also considered the submissions of
the learned advocate Ms.Sagar that the workmen 79 in
number, who are jobless since 1992 on account of illegal
lock out declared by the original petitioner as held by
the industrial tribunal and resultantly, all the workmen
are facing hardships to survive in these days.
7.This Court, without considering the merits of the
matter, that will be considered at the time of final
hearing, at this stage of the view that all the workmen
are entitled to benefits of Section 17-B of the I.D.Act,
1947. Therefore, it is directed to the original
petitioner to the respondent workmen concerned the pay
last drawn monthly wages inclusive of maintenance
allowance, if any, available to the workmen, with effect
from 31st December, 1998 till 30th April, 2003 within
period of three months from the date of receiving the
copy of the affidavit as required u/s 17-B of the I.D.Act
from each workman concerned individually along with copy
of this order. On the other hand, learned advocate
Ms.Sona Sagar undertakes that all 79 workmen concerned
who are out of job and not employed in any establishment
and not receiving adequate remuneration from the
employer, will file necessary affidavit under Section
17-B of the Act immediately within period of four weeks
from the date of receiving the copy of this order without
any delay. It is further directed to the petitioner to
pay regularly to the respondent workmen concerned the pay
last drawn monthly wages inclusive of maintenance
allowance, if any, available to the workmen during
pendency and final disposal of this petition.
8.However, it is made it clear that this Court
inclined to pass this innocuous order, on the other hand,
granting liberty to the original petitioner that even in
future, if the original petitioner finds any material to
satisfy this Court that the workmen concerned are
employed in any establishment and getting adequate
remuneration from the employer, the petitioner can move
this Court with appropriate proceedings for modification
of this order granting relief under Section 17-B of the
Act in favour of the respondents workmen.
In view of above observations and directions,
present civil application stands disposed of accordingly.
Direct Service permitted.
Date : 2-5-2003[ H.K.Rathod, J.]
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