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SCA/6393/2000 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6393 of 2000
=========================================================
PIOMA
INDUSTRIES - Petitioner(s)
Versus
SHYAM
BABULAL & 11 - Respondent(s)
=========================================================
Appearance
:
M/S
TRIVEDI & GUPTA for
Petitioner(s) : 1,
MRS SANGEETA N PAHWA for Respondent(s) : 1,
5.2.1, 5.2.2, 5.2.3, 11.2.1, 11.2.2, 11.2.3, 11.2.4,11.2.5
RULE
SERVED for Respondent(s) : 2 -
12.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 18/08/2010
ORAL
ORDER
Heard
Mr.K.B. Trivedi, learned Senior Counsel appearing with Mr.D.S.
Vasavada, learned advocate for the petitioner and Mrs.Sangeeta
Pahwa, learned advocate for the respondents.
The
learned Senior Counsel has submitted that respondent Nos.7,9, 11 and
12, who were working at the concern at Ahmedabad, have deposed that
they were not working at Kalol.
The
learned Senior Counsel has relied upon the decisions reported in (i)
(2002) 3 SCC 25, (ii) (2005) 8 SCC 450 and (iii) (2009) 14 SCC 712.
In support of his contentions, Mr.Trivedi has also drawn the
attention of this Court to the proviso (2) of sub-section (A) of
Section 25 of the Industrial
Disputes Act, 1947. It would be beneficial to reproduce the said
Section 25(A)(2) as under :
25(A)(2)
If a question arises whether an industrial establishment is of a
seasonal character or whether work is performed therein only
intermittently, the decision of the appropriate Government thereon
shall be final.
However,
with a view to enable Mrs.Sangita Pahwa, learned advocate for the
respondents, to ascertain as to whether the document at Annexure-E
page No.131 in respect of settlement arrived between the parties as
well as the document which is a part of Annexure-E produced at page
No.139 of the petition, are the parts of the Reference before the
Labour Court,
the matter is adjourned to 06th
September 2010.
(K.S.
Jhaveri, J)
Aakar
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