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United Phosphorus Ltd vs Commissioner Of Labour & 2 on 22 September, 2014

5.7 Mr. Mansuri submitted that the order passed by the learned Single Judge refusing to go into the disputed question of facts as to if any binding and valid settlement exists between the parties or not was justified and fair. He has relied upon the decision of this Court in the case of Aditya Birla Insulators vs. Commissioner of Labour reported in 2013-IV-LLJ-122 wherein it is held as under:
Gujarat High Court Cites 14 - Cited by 0 - K Jhaveri - Full Document

Modex Trading India Private Limited vs Jitix Laxmanbhai Rathod on 17 March, 2025

8.1. Learned AGP Ms.Bhati has relied on the decision rendered by this Court in the case of Ralchem Limited vs. Ajit Balakrishna Kadu and others in Special Civil Application No.16172 of 2003, Aditya Birla Insulators vs. Commissioner of labour and ors in Letters Patent Appeal No.498 of 2013 and allied matters and submitted that still the adjudication has Page 6 of 15 Uploaded by M.M.MIRZA(HC01407) on Wed Mar 19 2025 Downloaded on : Wed Mar 19 22:42:50 IST 2025 NEUTRAL CITATION C/SCA/15060/2024 JUDGMENT DATED: 17/03/2025 undefined not been done by the learned labour Court and therefore, it is open for the parties to raise their contention before the learned Court, who after examining the evidence decide the dispute which is referred for adjudication.
Gujarat High Court Cites 15 - Cited by 0 - Full Document

Kalptaru Projects International ... vs State Of Gujarat on 26 March, 2025

10.4. This Court has perused the decision rendered by the Division Bench of this Court in the case of Aditya Birla Insulators vs. Commissioner of Labour and ors, in Letters Patent Appeal No.498 of 2013 wherein it is held that plea taken by the appellants that there was a valid settlement and, therefore, no Reference should be made is not only a disputed question of fact specifically controverted by the respondent No.2 but also such question cannot be finally decided by the authority referring the dispute under section 10 of the Act and can only be lawfully decided by the Labour Court or Industrial Tribunal. In that background, this Court is of the view that no error committed in referring the disputed fact to the learned Tribunal for adjudication.
Gujarat High Court Cites 35 - Cited by 0 - Full Document
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