MOTHER DAIRY Vs. DEPUTY COMMISSIONER OF LABOUR & ORS.
HIGH COURT OF GUJARAT
Deputy Commissioner Of Labour And Ors.
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C.L. Soni, J. -
(1.) Following are the prayers made in para 7 of the present petition filed under Article 226/227 of the Constitution of India:
7. For the reasons stated herein above and such other as may be advanced at the time of hearing of this petition, the petitioner above named most respectfully prays that;
(A) Your Lordships be pleased to issue a writ of mandamus and/or writ of certiorari and/or any other appropriate writ, order or directions in the like nature to quash and set aside the original order of reference dated 01.09.2001 issued by the respondent no.1 - Deputy Commissioner of Labour as illegal without authority of law and ultravires the powers;
(B) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ order or direction to quash and set aside the order dated 16.07.2016 passed by the Presiding Officer, Industrial Tribunal No.5, Ahmedabad below Exh. 177 and Exh. 178 in Reference (IT) No. 128 of 2001, in the interest of justice;
(C) Pending admission, hearing and final disposal of this petition, the execution, implementation and operation of the impugned order dated 16.7.2016 passed by Presiding Officer, Industrial Tribunal No.5, Ahmedabad below Exh. 177 and Exh. 178 in Reference (IT) No.128 of 2001, may kindly be stayed in the interest of justice and equity;
(D) Pending admission, hearing and final disposal of this petition, the further proceedings of the Reference (IT) No. 128 of 2001 may kindly be stayed and
(E) Grant such other and further relief(s) as are deemed fit in the interest of justice and equity.
(2.) As regards second prayer, learned Advocate Mr. Gandhi appearing for Nanavati Associates, Advocate for the petitioner fairly stated that since similar prayer was not pressed in the petition being Special Civil Application No.13055 of 2016, the present petition for the second prayer is not pressed.
(3.) It appears from the facts stated in the petition that by order dated 1.9.2001 passed by the Deputy Commissioner of Labour, Ahmedabad, dispute is referred to the Industrial Tribunal ( the Tribunal ) for its adjudication on the terms of reference mentioned therein. Based on such order the reference is registered as Reference (IT) No.12 of 2001 before the Tribunal. As averred in the petition, the union filed statement of claim and the petitioner filed its written statement in response to the statement of claim and the evidence is adduced by both the sides. The proceedings are now at the stage of arguments where the petitioner is to submit its written arguments. It is at this stage the petitioner filed the application Exh. 177 and 178 raising preliminary issue regarding jurisdiction of the Tribunal on the ground that the Deputy Commissioner of Labour did not have power to refer the matter in connection with the matter mentioned in item no.3 of the Second Schedule of the Act. Such applications are rejected by the Tribunal against which, above referred petition was filed by the petitioner which was disposed of as not pressed by observing at the instance of the petitioner that whatever observations made by the Tribunal while deciding the applications Exh.177 and 178, the same shall not come in the way of the petitioner when challenge is made to the order made by the Deputy Commissioner of Labour to refer the dispute to the Tribunal for adjudication. The present petition is now filed to challenge the order made by the Deputy Commissioner of Labour to refer the dispute to the Tribunal on the ground that the Deputy Commissioner of Labour had no competence to refer the dispute under the notification dated 21st April, 1982.;
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