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SCA/3855/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3855 of
2010
=========================================================
SAMAST
GUJARAT KAMDAR MANDAL - Petitioner(s)
Versus
UNION
OF INDIA THRO. REGIONAL LABOUR & 3 - Respondent(s)
=========================================================
Appearance
:
MR
PRABHAKAR UPADYAY for
Petitioner(s) : 1,
None for Respondent(s) : 1,3 - 4.
Ms.
Vandana Bhatt, AGP for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/04/2010
ORAL
ORDER
Heard
learned advocate Mr.Prabhakar Upadhyay on behalf of the petitoner
Union and learned A.G.P. Ms.Vandana Bhatt appearing on behalf of
respondent No.2.
The
grievance of the present petitioner is that employees whose names
are mentioned in the list are working with respondent No.4 as
drivers for last 3 years and the petitioner being a registered Trade
Union under the provisions of the Trade Union Act, 1926 bearing
Registration No.G/6001, addressed a letter dated 29.09.2009 to
respondent No.2 to initiate the action against respondent No.4 for
non-compliance of the provisions of the various Labour Laws.
Petitioner
made a representation to respondent authority on 14.10.2009 to
initiate effective action for non-compliance of Labour Laws by
respondent No.4 and even legal notice was served by petitioner Union
to respondent by way of reminder dated 11.11.2009. Petitioner
received a communication dated 25.11.2009 from Government Labour
Officer (Page No.25 Annexure- E ), where State Authority had
taken action against respondent No.4 after personally visiting it.
It is also stated in the said communication that the instructions
have been given to initiate criminal cases for breach of Minimum
Wages Act and Contract Labour Act.
It
is directed to respondent Nos.1 to 3 to take effective steps against
respondent No.4, if mandatory provisions of Labour Laws related to
service condition of drivers have been violated and then to pass
appropriate orders after giving reasonable opportunity of hearing
within the period of 6 (six) weeks, after receiving a copy of this
order.
In
view of these observations and directions present petition is
disposed of without expressing any opinion on merits.
Direct
Service is permitted.
(H.K.RATHOD,
J.)
..mitesh..
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