PETROLEUM MAZDOOR SANGH Vs. UNION OF INDIA
LAWS(GJH)-2021-8-279
HIGH COURT OF GUJARAT
Decided on
August 27,2021
Petroleum Mazdoor Sangh
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
JAGDAMBA PRASAD MISHRA VS. STATE OF UTTAR PRADESH AND OTHERS [REFERRED TO]DHANBAD COLLIERY KARAMCHARI SANGH VS. UNION OF INDIA [REFERRED TO]
NEDUNGADI BANK LTD. VS. K. P. MADHAVANKUTTY AND OTHERS [REFERRED TO]
OIL AND NATURAL GAS CORPORATION LTD VS. GUJARAT MAZDOOR SABHA AND OTHERS [REFERRED TO]
TELCO CONVOY DRIVERS MAZDOOR SANGH VS. STATE OF BIHAR [REFERRED TO]
WESTERN INDIA MATCH CO LIMITED VS. WESTERN INDIA MATCH CO WORKERS UNION [REFERRED TO]
SHAMBU NATH GOYAL VS. BANK OF BARODA [REFERRED TO]
M P IRRIGATION KARAMCHARI SANGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAM AVTAR SHARMA SURINDER KUMAR SHARMA VS. STATE OF HARYANA:UNION OF INDIA [REFERRED TO]
RAM AVTAR SHARMA SURINDER KUMAR SHARMA VS. STATE OF HARYANA:UNION OF INDIA [REFERRED TO]
NEDUNGADI BANK LIMITED VS. K P MADHAVANKUTTY [REFERRED TO]
SAPAN KUMAR PANDIT VS. U P STATE ELECTRICITY BOARD [REFERRED TO]
I T C AGRO TECH LIMITED EIC VS. COMMERCIAL TAX OFFICER [REFERRED TO]
PRABHAKAR VS. JOINT DIRECTOR SERICULTURE DEPARTMENT AND ORS. [REFERRED TO]
JUDGEMENT
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(1.)Being aggrieved and dissatisfied with the impugned order, the present petition is filed by the petitioners under Article 226 of the Constitution of India for the following prayers:-
(A) This Hon'ble Court may kindly be pleased to quash and set aside the impugned letter dtd. 20/11/2009 at Annexure 'A'.
(B) This Hon'ble Court may kindly be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction, directing the respondents to refer the Industrial Dispute raised by the petitioner for adjudication forthwith.
(C) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent authorities to refer the industrial dispute involved in this case for necessary adjudication to the appropriate Forum, in the interest of justice.
(D) This Hon'ble Court may kindly be pleased to pass such other or further order or relief in the facts and circumstances of the case, in the interest of justice.
(2.)Brief facts of the present case is that the petitioner - Union vide letter dtd. 24/7/2007 raised a demand on behalf of its members through Shri Ashwin C. Patel and others casual / contingent / contract employees of the Oil and natural Gas Corporation Ltd., who had completed 240 days of work together with all consequential benefits as per the provisions of the Standing Orders. In response to the above letter, the Assistant Labour Commissioner, Central, Vadodara, vide its letter dtd. 14/7/2008 informed the petitioner - Union that it can place the matter by raising an industrial dispute before the Assistant Labour Commissioner, Central at Vadodara. Accordingly, vide letter dtd. 24/7/2008, the petitioner - Union submitted the dispute before the petitioner - Union submitted the dispute before the Assistant Labour Commissioner, Central at Vadodara.
2.1 The concerned Ministry, accordingly, consider the dispute raised by the petitioner - Union. However, the same was dismissed on account of that "the dispute has been raised after a lapse of 17 years. The dispute is, therefore, belated an stale." Aggrieved from this decision, the petitioner - Union has preferred the present petition.
(3.)Heard Mr.Rajesh Mankad, learned counsel for the petitioner, Mr.Ankit shah, learned counsel for respondent No.1 and Mr.Rajni Mehta, learned counsel for respondent No.2 through video conferencing.
(A) This Hon'ble Court may kindly be pleased to quash and set aside the impugned letter dtd. 20/11/2009 at Annexure 'A'.
(B) This Hon'ble Court may kindly be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction, directing the respondents to refer the Industrial Dispute raised by the petitioner for adjudication forthwith.
(C) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent authorities to refer the industrial dispute involved in this case for necessary adjudication to the appropriate Forum, in the interest of justice.
(D) This Hon'ble Court may kindly be pleased to pass such other or further order or relief in the facts and circumstances of the case, in the interest of justice.
(2.)Brief facts of the present case is that the petitioner - Union vide letter dtd. 24/7/2007 raised a demand on behalf of its members through Shri Ashwin C. Patel and others casual / contingent / contract employees of the Oil and natural Gas Corporation Ltd., who had completed 240 days of work together with all consequential benefits as per the provisions of the Standing Orders. In response to the above letter, the Assistant Labour Commissioner, Central, Vadodara, vide its letter dtd. 14/7/2008 informed the petitioner - Union that it can place the matter by raising an industrial dispute before the Assistant Labour Commissioner, Central at Vadodara. Accordingly, vide letter dtd. 24/7/2008, the petitioner - Union submitted the dispute before the petitioner - Union submitted the dispute before the Assistant Labour Commissioner, Central at Vadodara.
2.1 The concerned Ministry, accordingly, consider the dispute raised by the petitioner - Union. However, the same was dismissed on account of that "the dispute has been raised after a lapse of 17 years. The dispute is, therefore, belated an stale." Aggrieved from this decision, the petitioner - Union has preferred the present petition.
(3.)Heard Mr.Rajesh Mankad, learned counsel for the petitioner, Mr.Ankit shah, learned counsel for respondent No.1 and Mr.Rajni Mehta, learned counsel for respondent No.2 through video conferencing.
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