Gujarat High Court
Gujarat Industries Power Company Ltd & vs Ashwin Bhagwandas Panchal Or His ... on 5 August, 2016
Author: C.L.Soni
Bench: C.L. Soni
C/SCA/5707/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 5707 of 2014
With
SPECIAL CIVIL APPLICATION NO. 5712 of 2014
With
SPECIAL CIVIL APPLICATION NO. 19387 of 2015
With
SPECIAL CIVIL APPLICATION NO. 19388 of 2015
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GUJARAT INDUSTRIES POWER COMPANY LTD & 1....Petitioner(s)
Versus
ASHWIN BHAGWANDAS PANCHAL OR HIS SUCCESSOR IN OFFICE &
34....Respondent(s)
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Appearance:
M/S TRIVEDI & GUPTA, ADVOCATE for the Petitioner(s) No. 1 - 2
DS AFF.NOT FILED (N) for the Respondent(s) No. 2 - 5 , 7 , 10
MR AJAY R MEHTA, ADVOCATE for the Respondent(s) No. 8 - 9 , 16 , 18 , 25
, 30 , 32 - 33
MR BHUSHAN B OZA, ADVOCATE for the Respondent(s) No. 35
MR PARITOSH CALLA, ADVOCATE for the Respondent(s) No. 1
MR SACHIN D VASAVADA, ADVOCATE for the Respondent(s) No. 11 - 12 ,
20 - 21
MR. RISHIN R PATEL, ADVOCATE for the Respondent(s) No. 6 , 28
MR.VARUN K.PATEL, ADVOCATE for the Respondent(s) No. 13 - 15 , 17 , 23
- 24 , 26 - 27 , 31
MS DHARMISHTA RAVAL, ADVOCATE for the Respondent(s) No. 19 , 22 , 29
, 34
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 05/08/2016
ORAL ORDER
[1] Heard learned Senior Advocate Mr. Kamal Page 1 of 5 HC-NIC Page 1 of 5 Created On Tue Aug 09 03:00:59 IST 2016 C/SCA/5707/2014 ORDER Trivedi appearing with learned advocate Mr. Abhishek M. Mehta for the petitioners in Special Civil Application No. 5707 of 2014 with Special Civil Application No. 5712 of 2014, learned advocate Mr. Bhusan Oza for respondent No.35 and for workers, learned Senior Advocate Mr. K.M. Patel appearing with learned advocate Mr. Varun K. Patel for respondent Nos. 13, 14, 15, 17, 23, 24, 26, 27 & 31 and learned advocate Mr. Rishin R. Patel appearing for respondent Nos. 6 & 28 and Mr. Ajay R. Mehta learned advocate for respondent Nos. 8, 9, 16, 18, 27, 30, 32, 33 in Special Civil Application No. 5707 of 2014, learned Senior Advocate Mr. K.M. Patel appearing with learned advocate Mr. Varun K. Patel for respondent Nos. 29, 37, 13 ,16, 17, 26, 28 ,30, 38, 19 & 25, learned advocate Mr. Rishin R. Patel appearing for respondent Nos. 6 and 34 and Mr. Ajay R. Mehta learned advocate for respondent Nos. 8, 9, 18, 20, 27, 36, 39 and 40 in Special Civil Application No. 5712 of 2014. Learned advocates are also heard in Special Civil Application No. 19388 of 2015 and 19387 of 2015.
[2] Rule returnable on 28th December, 2016. Page 2 of 5 HC-NIC Page 2 of 5 Created On Tue Aug 09 03:00:59 IST 2016 C/SCA/5707/2014 ORDER Learned advocates appearing for the respective respondents waives service of rule.
[3] In Special Civil Application No. 5707 of 2014 and Special Civil Application No. 5712 of 2014, on the question of interim relief, also learned advocate Mr. Oza appearing for the union and for the workers is heard. By the impugned award, the workers listed in the schedule attached to References are declared to be the employees of the petitioner company. It is pointed out that all the workmen are working as on today. However the stand of the petitionercompany is that they are the contractors' workmen. By the award, while declaring the workmen listed in the schedule as the employees of the petitionercompany, the Industrial Tribunal ordered to grant them benefits as employees of the company. The issues involved in the matters are required to be decided by going on the different aspects of the matters at length and till then the impugned awards are required to be stayed but at the same time the interest of workmen is also required to be protected to subserve the interest of justice. Learned Senior Page 3 of 5 HC-NIC Page 3 of 5 Created On Tue Aug 09 03:00:59 IST 2016 C/SCA/5707/2014 ORDER advocate Mr. Trivedi stated that pending final decision on the petitions, the workmen listed in the schedule shall not be allowed to be relieved either by the existing contractor or by new contractor and if on expiry of the existing contract, there is no new contract for engagement of such workmen, then also without prejudice to the rights and contentions of the petitionercompany they shall be allowed to continue to work with the company. In view of such statement made by Mr. Trivedi, the Court finds that while staying the impugned awards the company as also the contractors could be directed to maintain status quo as regards the service conditions of the workmen listed in the schedule with the Reference.
[4] Hence, by way of interim relief, the impugned award shall remain stayed, however on condition that status quo shall be maintained in respect of the service conditions of the such workmen. Such status quo would mean that workmen who are presently working through existing contractor, as per the stand of the company, shall be allowed to work with the company and on expiry period of contract, if Page 4 of 5 HC-NIC Page 4 of 5 Created On Tue Aug 09 03:00:59 IST 2016 C/SCA/5707/2014 ORDER there is new contractor engaged by the company, then also, the company shall see to it that the workmen shall be engaged by such new contractor. It is further provided that if there is no fresh or new contract given to any contractor, then also the petitioner company shall allow such workmen to continue to work with the company. However, such would be subject to rights and contentions of the parties in the present proceedings. In case of any difficulty, it is open to any party to move the Court for appropriate relief.
(C.L.SONI, J.) MANOJ KUMAR Page 5 of 5 HC-NIC Page 5 of 5 Created On Tue Aug 09 03:00:59 IST 2016