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SCA/6523/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6523 of 2010
=========================================================
MAHAGUJARAT
INDUSTRIAL EMPLOYEES' UNION - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
MR
TR MISHRA for Petitioner(s) : 1,
MR KP RAVAL AGP for
Respondent(s) : 1,
MR KUNAL NANAVATI for NANAVATI ASSOCIATES for
Respondent:2,
NOTICE SERVED BY DS for Respondent(s) : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 20/08/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed to direct respondent
no. 1 to refer the dispute to the Labour Court/Industrial Tribunal
for adjudication.
2. Heard
learned counsel for the respective parties. The learned counsel for
the petitioner states at the bar that the failure report is submitted
by the Conciliation Officer to respondent no. 1- State Government.
In view of the statement made by the learned counsel for the
petitioner, I am of the opinion that ends of justice would be served
by passing the following order.
3. Respondent
no. 1- State Government shall decide the issue pending before it,
within a period of two weeks from today and refer the dispute to the
competent authority viz. Labour Court/Industrial Tribunal for
adjudication. It is however, clarified that it will be open for the
petitioner to make an application on the basis of the observations
made by the Conciliation Officer and if such an application is
preferred by the petitioner before the competent authority, the same
shall be considered in accordance with law.
4. With
the above observations and directions, the petition stands disposed.
Rule is made absolute to the above extent.
[K.S.
JHAVERI, J.]
/phalguni/
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