Hindusthan Chemicals Company vs Presiding Officer and Another

M.R. Shah, J.—In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, all these petitions are taken up for final hearing today.

As common question of law and facts arise in all these petitions, they are being disposed of by this common judgment and order.

Special Civil Application Nos. 10046 to 10064 of 2010 are preferred by the Petitioner - Management - Hindusthan Chemicals Company challenging the impugned common judgment and award passed by Labour Court, Surat in Recovery Application Nos. 348 to 366 of 2002, by which, Labour Court, Surat in exercise of power u/s 33C(2) of the Industrial Disputes Act has directed the Petitioner to grant some of the benefits to the concerned workmen herein available under the Settlement dated 31/12/1997.

Special Civil Application Nos. 12601 to 12617 of 2010 are preferred by the concerned workmen challenging the impugned common judgment and award passed by the Labour Court, Surat in Recovery Application Nos. 348 to 366 of 2002 in not awarding full benefits available under the aforesaid Settlement.

As the applicability of Settlement to the concerned workmen in question has been disputed by the Petitioner - management and whether the concerned workmen are entitled to the benefits under the aforesaid Settlement or not is the question, which is required to be adjudicated by the Labour Court in appropriate industrial disputes which may be raised by the concerned workmen, considering the decision of the Division Bench of this Court rendered in the case of State of Gujarat and Anr. v. Sendhaji S. Thakor and Anr. reported in 1999(1) GLH 513.

Mr.Deepak Dave, learned advocate appearing on behalf of the concerned workmen - respondents of Special Civil Application Nos. 10046 to 10064 of 2010 - Petitioners of Special Civil Application Nos. 12601 to 12617 of 2010, under the instruction received from the concerned workmen, has stated at the bar that they have no objection if the impugned common judgment and award passed by the Labour Court, Surat in Recovery Application Nos. 348 to 366 of 2002 are hereby quashed and set aside and relegating the concerned workmen to raise industrial dispute for the dispute in question. However, he has further requested that considering the fact that the dispute is pending since 2002, Labour Court may be directed to decide and dispose of the Reference, which may be raised by the workmen, at the earliest. It is submitted that the concerned workmen will raise industrial disputes by issuing formal Notice and the Conciliation Officer may be requested to refer the dispute to the concerned Labour Court at the earliest.

Mr. Keyur Gandhi, learned advocate appearing on behalf of the Management has stated that as and when such industrial dispute is raised, they shall not object in making the Reference to the concerned Labour Court. However, the concerned Workmen to issue formal notice and raise industrial dispute.

Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order as the dispute as to whether the concerned workmen are entitled to the benefit or not is required to be adjudicated by the concerned Labour Court by way of fresh Reference, which may be raised by the concerned Workmen.

In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties, Special Civil Application Nos. 10046 to 10064 of 2010 are allowed and the impugned common judgment and award passed by the Labour Court, Surat in Recovery Application Nos. 348 to 366 of 2002 is hereby quashed and set aside, without further expressing anything on merits with respect to entitlement of the benefit under the Settlement and the same shall be decided by the concerned Labour Court in appropriate industrial dispute, which may be raised by the concerned workmen, in accordance with law and on merits and considering the evidence that may be lead before it.

As agreed by learned advocates appearing on behalf of the respective parties, let the concerned workmen raise industrial dispute by issuing formal Notice and Conciliation Officer to pass an order of making reference to the concerned Labour Court. As learned advocate appearing on behalf of the Petitioner has made statement that the Petitioner shall not make any objection in making reference to the concerned Labour Court, Conciliation Officer to pass appropriate formal order to refer the dispute to the concerned Labour Court. Considering the fact that the dispute is pending since 2002, the concerned Labour Court before whom the Reference is made to decide and dispose of the same, at the earliest. All concerned are directed to co-operate the concerned Labour Court in early disposal of the Reference, which may be referred by the concerned Workmen. Rule is made absolute to the aforesaid extent in each of the petitions being Special Civil Application Nos. 10046 to 10064 of 2010. No costs.

As common judgment and award passed by the Labour Court, Surat in Recovery Application Nos. 348 to 366 of 2002 are quashed and set aside by this Court in Special Civil Application Nos. 10046 to 10064 of 2010, Special Civil Application Nos. 12601 to 12617 of 2010 do not survive and the same deserve to be disposed of and are accordingly disposed of. No costs.