Gujarat High Court
Gujarat Petroleum Employees Union vs Oil And Natural Gas Corporation Ltd. on 27 August, 1996
Equivalent citations: (1998)IIILLJ145GUJ
JUDGMENT S.D. Shah, J.
1. 1 to 6 xxx xxx xxx.
7. It is in the aforesaid circumstances that it becomes the duty of this Court to direct the Assistant Labour Commissioner (Central) working as Conciliation Officer to conclude and submit his report of outcome of conciliation proceedings within six weeks from today to the appropriate authority. In view of the provisions of Section 33 of Industrial Disputes Act, 1947 there is an obligation to see that during the pendency of conciliation proceedings before a Conciliation Officer in respect of industrial dispute no employer shall in regard to any matter connected with the dispute, alter to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceedings, save with the express permission in writing of the authority before which the proceeding is pending. In my opinion, this provision fully protects and casts obligation on the Court of law also to protect the workmen who have raised dispute and when dispute is pending before the Conciliation Officer against any order that may be passed against workmen. Since large number of workmen are employed under the aforesaid contract labour system referred to herein- above, and since by way of ad interim relief protection is already granted to such workmen by the Ld. Single Judge of this Court, in my opjnion, it will be just and fair and quite consistent with the principles of grant of interim relief that the respondents are directed to maintain status quo and not to disturb the services of the workmen till the conciliation proceedings are concluded and the report is submitted by the conciliation officer. This protection can also be extended in exceptional cases to a further period of a fortnight so as to provide some breathing time and protection to such workmen and therefore the ad interim relief granted earlier by the learned single Judge is confirmed and ordered to be continued till the final report is submitted by the Conciliation Officer to the appropriate Government and for a further period of a fortnight thereafter. There shall not be any interim relief from this Court beyond that date.
8. xxx xxx xxx.