BHAVNAGAR MUNICIPALITY Vs. ALIBHAI KARIMBHAI

JUDGEMENT

(1.) This appeal by special leave at the instance of the Bhavagar Municipality is directed against the order of the Gujarat High Court dismissing in limine its writ application challenging the award of the Industrial Tribunal, Gujarat, made under Section 33A of the Industrial Disputes Act (briefly the Act).

(2.) There was an industrial dispute pending between the Bhavnagar Municipality (briefly the appellant) and its workmen before the Industrial Tribunal in Reference No. 37 of 1974 referred to it under Section 10 (1) (d) of the Act on March 5, 1974. The said industrial dispute related to several demands including the demand for permanent status of the daily rated workers of the Water Works Section of Municipality who had completed 90 days' service. While the aforesaid industrial dispute was pending before the Tribunal, the appellant, on September 30, 1974, passed orders retrenching 22 daily rated workmen (briefly the respondents) attached to the Water Works Section of the Municipality. It is not disputed that the appellant had complied with Section 25 F of the Act and due retrenchment compensation had been paid to those workers. On June 20, 1975, the respondents filed a complaint to the Tribunal under section 33A of the Act for contravention of Sec. 33 of the Act by the appellant.

(3.) Neither party adduced any oral evidence before the Tribunal but relied only upon documents produced before it. On October 30, 1975, the Tribunal made its award holding that the appellant contravened Section 33 (a) (a) of the Act and, therefore, directed reinstatement of the respondents. The appellant preferred a writ application before the High Court which was dismissed in limine, as stated above. Hence this appeal by special leave.