ABAD DAIRY DUDH VITARAN KENDRA SANCHALAK MANDAL Vs. STATE OF GUJARAT
LAWS(GJH)-1988-10-13
HIGH COURT OF GUJARAT
Decided on October 28,1988

Abad Dairy Dudh Vitaran Kendra Sanchalak Mandal Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

R.J.SHAH - (1.)These are two petitions filed under Art. 226 of the Constitution amongst others whore common questions are involved. It is therefore proposed to dispose of the same at the admission stage by a common judgment and order.
(2.)Petition No. 4587 of 1987 has been filed by Abad Dairy Dudh Vitaran Kendra Sanchalak Mandal against the State of Gujarat and the General Manager Abad Daisy inter alia for a writ direction or order quashing and setting aside the order dated 19-7-1986 (Annexure C) as being illegal perverse and contrary to the provisions of law and for an appropriate direction to the Government to refer the disputes in question to the Industrial Tribunal for adjudication. The said order was in respect of the demands made by the petitioner against respondent No. 2. After taking into consideration the report of the Conciliation Officer the Government reached the conclusion that the members of the petitioner were not workmen within the meaning of the Industrial Disputes Act 1947 and 90 it was not possible to refer the disputes to the Industrial Tribunal for adjudication under the Act. Hence the said petition.
(3.)The same petitioner has filed another Petition No. 2492 of 1988 against Abad Dairy Gujarat Dairy Development Corporation Ltd. and the State of Gujarat wherein inter alia it has challenged the order of termination of services such as Annexure BB of its members. By virtue of an order dated 30-6-1988 granted in Civil Application No. 1178 of 1988 permitting amendments petitioner has prayed for further reliefs as under:
(a) for a declaration that the new agreement at Annexure W is an attempt to over-reach the process of the Court unconscionable opposed to public policy vitiated by extraneous considerations and is otherwise also arbitrary inequitable unfair and unconstitutional and for a permanent injunction restraining the respondent authorities from altering the status quo with regard to the service conditions of the members of the petitioner-Union;

(b) for a direction to respondents to grant the increase in commission of milk distribution as per the circular No. 1 dated 26-4-1988 marked Annexure DD to all the Booth incharge without insisting upon them to sign new agreement and for a further direction to the respondents to grant the complimentary gift of Steel Utensil (Tapeli) without any condition as mentioned in Annexure CC.

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