Gujarat Mazdoor Sabha vs Labour Commissioner and Others

M.R. Shah, J.—Rule. Shri Keyur Gandhi, learned advocate waives service of notice of Rule on behalf of Respondent No. 3 and Shri Soni, learned AGP waives service of notice of Rule on behalf of the Respondent No. 1. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

By way of this petition under Article 226 of the Constitution of India, the Petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned decision/order dated 19.1.2010 passed by Respondent No. 1 in refusing to make a reference.

Number of submissions have been made by Shri Mukul Sinha, learned advocate for the Petitioner inclusive of that Respondent No. 1 while passing the impugned order has relied upon the certain documents and the subsequent development for which neither copies of those documents were given to the Petitioner nor any opportunity was given to the Petitioner to meet with the same. It is further submitted by Shri Sinha, learned advocate for the Petitioner that as such whatever the position at the time of raising industrial disputes and issuing the notice and approaching the Conciliation Officer is required to be considered any subsequent development, the Conciliation Officer is not required to be considered the same. Therefore, it is submitted that as such impugned decision to refuse to make a reference is in breach of principles of natural justice. He has also tried to make submissions on merits by submitting that in the facts and circumstances of the case the issue was required to be referred to the appropriate Court/Tribunal however for for the reasons stated hereinafter as this Court proposes to remand the matter to the appropriate authority for taking decision afresh, this Court is not further considering any of the submissions on merits.

On the other hand, Shri K.S. Nanavati, learned senior advocate for Respondent Nos. 3 who is main contesting party has submitted that whatever the subsequent development till the appropriate authority takes final decision, is required to be considered. However, he is not in a position to dispute that the impugned decision has been taken by Respondent No. 1 without giving any opportunity to the Petitioner to the subsequent development and the material relied upon by the appropriate authority. He has submitted that if this Court is inclined to remand the matter to the appropriate authority in that case, all the questions be kept open.

4.1. Shri Soni, learned AGP has requested to pass a appropriate order.

Having heard the learned Counsels for the respective parties and considering the impugned order passed by Respondent No. 1 declining to refer the dispute, the Authority has considered the subsequent development and some documents, on the basis of subsequent development without giving any opportunity to the Petitioner. Under the circumstances, the impugned order passed by Respondent No. 1 refusing to make reference deserves to be quashed and set aside and the matter is to be remanded to the appropriate authority for taking afresh decision in accordance with law and on merits.

Under the circumstance, without further expressing anything on merits solely on the aforesaid ground as impugned order is in breach of principles of natural justice., the impugned order/decision dated 19.1.2010 passed by Respondent No. 1 refusing to make reference is hereby quashed and set aside and the matter is remanded to the appropriate authority for taking afresh decision in accordance with law and on merits and all the questions inclusive of whether the appropriate authority can consider the subsequent development or not and the contention on behalf of Respondent No. 3 that the appropriate authority can consider the subsequent development till he takes an appropriate decision are kept open, which shall be considered by the appropriate authority after giving an opportunity to all concerned. Thereafter, the documents which are to be relied upon by the respective parties as well as appropriate authority, the copies of which shall be given to the concerned parties so that the concerned party may meet with the same. Rule is made absolute to the aforesaid extent. No costs.