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SCA/340/2010 4/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 340 of 2010
=========================================================
SARABHAI
M CHEMICALS - Petitioner(s)
Versus
RAMESHBHAI
SHYAMBHAI BALANI & 28 - Respondent(s)
=========================================================
Appearance
:
NANAVATI
ASSOCIATES for
Petitioner(s) : 1,
MR MS MANSURI for Respondent(s) : 1 -
29.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/04/2010
ORAL
ORDER
Heard
learned advocate Mr. KV Gandhi for Navavati Associates on behalf of
Sarabhai M. Chemicals, learned advocate Mr. MS Mansuri appearing on
behalf of respondent workman.
In
present petition, petitioner establishment has challenged order
passed by Industrial Tribunal, Baroda which is at page 13 below exh
95 dated 16/12/2009. The application was preferred by petitioner
with a prayer to first decide reference no. 102/96 and till date
complaint filed by workman not to be decided and stayed proceeding
of complaint.
This
application has been examined by Industrial Tribunal which has been
raised by petitioner Company as preliminary point before Industrial
Tribunal, Baroda. The said application made by petitioner exh 95
has been rejected, against which, present petition is filed by
petitioner.
This
Court has issued notice to respondent. Meanwhile, directed to
maintain status quo which has been objected by other side.
Therefore, status quo as on date 1/2/2010 maintained till date.
I
have considered submission made by both learned advocates. The
question involved in complaint filed by workman as well as in
reference no. 102/96 are almost same and identical required to be
decided by Industrial Tribunal, Baroda together. The difficulty is
that record and proceeding of reference no. 102/96 has been called
for by this Court in SCA no. 18766/2005, where this Court has passed
following order on 13/7/2006, is as under:
Heard
the learned advocate Mrs.Sangeeta Pahwa on behalf of the petitioner.
Learned advocate Mr.Gandhi appearing on behalf of
respondent-establishment.
Learned
advocate Mrs.Sangeeta Pahwa submitted that present petitioner is not
surplus employee, which require to be retrenched by the respondent,
but he was remained in service through out from 1988 to 1993. This
question has been decided by Industrial Tribunal against petitioner,
which has been challenged in the present petition. The question of
surplus is to be examined on the basis of the fact that at the time
of filing permission of closure application before the Appropriate
Authority and subsequent to his decision, reference has been made in
reference I.T. No.179/88, Industrial Tribunal, Ahmadabad.
In
light of these facts, which are on record, this Court having opinion
that entire papers of reference I.T. No.179/88 in respect to Sarabhai
M.Chemicals is necessary to be taken into account to examine the
question raised in the present petition. Therefore, it is directed to
the Registrar, Industrial Court, State of Gujart, Ahmedabad to send
original record and proceedings of reference I.T.No.179/88 in respect
to Sarabhai M.Chemicals to this Court immediately or or before 3rd
August, 2006. Registry is directed to serve immediately, the order of
this Court to the Registrar, Industrial Court, Ahmadabad. Over and
above direct service is permitted.
In
view of aforesaid order passed by this Court, at present original
record and proceeding of reference IT no. 179/88 new no. 102/96 are
lying with registry of this Court i.e. how hearing of complaint
filed by workman and dispute raised by Union in respect to reference
no. 102/96 are remained pending and not decided which required to be
decided together.
Therefore,
Registry is directed to sent original record and proceeding of
reference IT no. 179/88 new no. 102/96 in respect to Sarabhai M.
Chemicals immediately to Industrial Tribunal, Baroda. So, it will
reach to Industrial Tribunal, Baroda on or before 30/4/2010.
After
receiving original record and proceeding of reference IT no. 179/88
new 102/96, it is directed to Industrial Tribunal, Baroda to decide
complaint filed by workman as well as present reference no. 102/96
together. This has to be decided by one Industrial Tribunal,
wherein reference no. 102/96 is pending. It is directed to concern
parties to co-operate hearing before Industrial Tribunal, Baroda in
respect to complaint and present reference filed by workman. Let
Industrial Tribunal, Baroda decided both together as early as
possible preferably before 31/12/2010.
In
view of above observation and direction, present petition is
disposed of by this Court without expressing any opinion on merits.
It is made clear that original record and proceeding which has been
called by this Court in SCA no. 18766/2005 by order dated 13/7/2006
is kept open by this Court that as and when petitioner would require
original record and proceeding, then such request can be made by
petitioner before this Court. At that occasion, this Court will
consider request which will be made by petitioner. This order has
been passed by this Court without prejudice to rights and contention
raised by petitioner in SCA no. 18766/2005.
(H.K.RATHOD,
J)
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