Document Fragment View

Matching Fragments

2. Since the issue raised in the these petitions are similar, they are being decided by a common judgment. The facts of Special Civil Application No.10436 of 2025 are taken for the purpose of adjudication.

3. The present petitions are filed challenging the order dated 04.06.2025 passed by the Commissioner of Labour, Gandhinagar in Conciliation Case Nos.97 of 2023 and 103 of 2023.

5.3. Prior thereto, on 24.05.2024, the learned Commissioner had referred the dispute to the Industrial Tribunal, Ahmedabad (Kalol), encompassing all demands raised by the Union without due application of mind, and the same was numbered as Reference (IT) No.49 of 2024. Being aggrieved, the petitioner preferred Special Civil Application No.14291 of 2024 challenging the order dated 24.05.2024, as well as Special Civil Application No.12023 of 2024 challenging the order dated 18.05.2024 passed in Conciliation Case No.103 of 2023.

9. Having considered the submissions advanced by the learned advocates for the respective parties, and upon examining the impugned terms of reference, it emerges that in the earlier round of litigation, this Court, vide judgment dated 26.03.2025, had issued the following directions.

"21. In the above background, the impugned order passed by the respondent No.1 i.e. Commissioner of Labour, Gandhinagar in conciliation case No.103 of 2023 and conciliation case No.97 of 2023 dated 18.05.2024 and 24.05.2024 respectively referring the terms to the Industrial Tribunal are hereby set aside. The appropriate Government shall re-frame the terms in view of the observations made herein. That exercise shall be completed within a period of 45 days from the date of receipt of a copy of this order."

9.5 It further emerges from the record that the Union, namely AGMS has also raised demand for revision in basic wages and allowance of the contract workers affiliated with the union was referred for conciliation being a conciliation case number 83 of 2023 and after submitting failure NEUTRAL CITATION C/SCA/10436/2025 JUDGMENT DATED: 16/09/2025 undefined report by conciliation officer, the demands were referred for adjudication to the Industrial Tribunal, Kalol/Mahesana which was registered as Reference (IT) No.20 of 2024.Thereafter, the settlement arrived between the AGMS Union and respondent Nos.3 to 9, the said Reference was permitted to be withdrawn by the learned labour Court on 01.04.2024.