Gujarat High Court
R vs Deputy on 16 March, 2011
Author: H.K.Rathod
Bench: H.K.Rathod
Gujarat High Court Case Information System
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SCA/3555/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3555 of 2011
=========================================================
R
S BABARIYA & 47 - Petitioner(s)
Versus
DEPUTY
LABOUR COMMISSIONER AND CONCILIATION OFFICER & 3 - Respondent(s)
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Appearance
:
MR
NAYAN D PAREKH for
Petitioner(s) : 1 - 48.
None for Respondent(s) : 1 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 16/03/2011
ORAL
ORDER
Heard learned advocate Mr. ND Parekh on behalf of petitioners employees.
In present petition, according to prayer made by petitioners in para 8(B) order passed by Conciliation Officer on 11/8/2010 is under challenged, in Industrial Disputes case no. 79/10, which is pending before Conciliation Officer, Ahmedabad. The Conciliation Officer has decided application, which was made by workmen on 28/6/2010 before Conciliation Officer to be join as party in Conciliation proceeding, in which industrial disputes raised by Gujarat Labour Union. The said application has been rejected by Conciliation Officer. The answer given by Conciliation Officer that an individual employee can not be join as party in Conciliation Proceeding. The grievance of petitioners workmen is that they were members of Gujarat Labour Union but they all were given resignation from Gujarat Labour Union and joined new Union i.e. Karl Marx General Labour Union. For that, a separate application has been made by Union on 15/6/2010 to Dy. Labour Commissioner, Ahmedabad, where grievance was raised by Karl Marx General Labour Union is that establishment is adopting unfair labour practice while employing employees.
In light of this back ground, without deciding legality and validity of order dated 11/8/2010, which is under challenged. Let Karl Marx General Labour Union may file such application to be join as party in Industrial Disputes Conciliation case no. 79/2010 immediately before Conciliation Officer, Ahmedabad. It is directed to Conciliation Officer, Ahmedabad a moment Conciliation Officer receive such application from Karl Marx General Labour Union to be join as party in aforesaid Conciliation proceeding, then it is directed to Conciliation Officer to examine it and decide it after giving reasonable opportunity of hearing to general workers Union as well as Management, Air Control and Chemical Engineer Company ltd as early as possible within a period of fifteen days from date on which such application will receive from Karl Marx General Labour Union and communicate decision to all respective parties.
Let Conciliation Officer may consider such application which will be received from Karl Marx General Labour Union to be join as party in conciliation proceeding who representing numbers of worker those who are petitioner before this Court and if Conciliation officer require scrutiny from Karl Marx General Labour Union whether such workers are members of union or not? For that, Karl Marx General Labour Union must have to satisfy Conciliation Officer that these employees are members of Karl Marx General Labour Union. In short, membership must have to be scrutinized and checked up by Conciliation Officer. Thereafter, to pass appropriate orders in accordance with law within a period of fifteen days from date of receiving copy of such order.
Learned advocate Mr. Parekh submitted that membership of Karl Marx General Labour Union has been verified by Conciliation Officer as per letter dated 12/7/2010 page 60 Annexure J. If that be so, question of further verification of membership of Karl Marx General Labour Union does not arise, and same may be considered to be membership of Karl Marx General Labour Union. On that basis, to consider an application which will be made by Karl Marx General Labour Union. It is further directed to Conciliation Officer, Ahmedabad so long such application, which will be made by Karl Marx General Labour Union is not decided, conciliation proceeding can not be closed under section 20 of Industrial Disputes Act, 1947.
In view of above observations and directions, present petition is disposed of by this Court without expressing any opinion on merits. Direct service is permitted.
(H.K.RATHOD, J) asma Top