Posted On by &filed under Gujarat High Court, High Court.


Gujarat High Court
Special Civil Application No. … vs Unknown on 3 August, 2010
Author: H.K.Rathod,&Nbsp;
     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     SPECIAL CIVIL APPLICATION No 5857 of 2003



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     GUJARAT PETROLEUM EMPLOYEES   UNION
Versus
     OIL AND NATURAL GAS CORP. LTD
     --------------------------------------------------------------
     Appearance:
     1. Special Civil Application No. 5857 of 2003
          MR TR MISHRA for Petitioner No. 1
          .......... for Respondent No. 1-3


     --------------------------------------------------------------


              CORAM : MR.JUSTICE H.K.RATHOD


              Date of Order: 02/05/2003


ORAL ORDER

Heard learned advocate Mr. T.R. Mishra on
behalf of the petitioners. Learned advocate Mr. T.R.
Mishra has submitted that the workmen whose names are
mentioned in Annexure “A”, they are working with the
Labour Contractor since long. But till date no dispute
has been raised by the petitioners about their
regularization. Therefore, if they raise Industrial
Dispute, then immediately there is an apprehension that
Contractor will terminate their services and for that
some protection is necessary. Therefore, learned
advocate Mr. T.R. Mishra has submitted that the
petitioners will raise the Industrial Dispute about their
regularization and permanency within a period of 10 days
and he requested to grant some protection till the
Conciliation proceedings is commenced under the
provisions of I.D. Act, 1947. Considering the facts and
circumstances of the case, if the workmen will raise the
Industrial Dispute, then there is a reasonable
apprehension on the part of the petitioners that other
side will terminate their services. When the services
will be terminated, then the entire dispute will become
meaningless and infructuous. In view of these factual
aspect, taking into account the legal position, it is
open for the petitioners to raise Industrial Dispute in
respect to the workmen whose names are mentioned in
Annexure “A” Page 13,14,15 and as and when the
Conciliation Officer will receive the dispute from the
petitioners, it is directed to the Conciliation Officer
concerned to initiate immediate conciliation proceedings
and admit the matter in conciliation and proceed further
according to the Provisions of the I.D. Act, 1947.
Meanwhile, it is directed to the respondents to maintain
status-quo for a period of one month from the date of
receiving the copy of the said order. In view of the
above observation and direction, present petition is
disposed of. DS Permitted.

(H. K. Rathod, J.)

#Savariya#


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