UNA NAGARPALIKA Vs. NARESH BIJALBHAI SEVRA

JUDGEMENT

(1.) By way of this petition under Article 227 of the of India, the petitioner has prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned order dated 18/10/2006 passed by Labour Court, Junagadh in I.D. Complaint No.5 of 2006 in Reference Demand Case No.11 of 2000, by which, the Tribunal has granted interim injunction in application under Section 33-A of the Industrial Disputes Act, restraining the petitioner ? Nagarpalika from changing the conditions of services of the respondents herein and restraining the petitioner from terminating their services without following due process of law till final disposal of the application/ complaint.

(2.) Mr.Devnani, learned advocate appearing on behalf of the petitioner has heavily relied upon the decision of the learned Single Judge of this Court rendered in the case of Nadiad Municipality V/s. Ghanshyam Barot & Ors. reported in 1998(2) GLH 728, in which, the learned Single Judge of this Court has taken a view that no complaint under Section 33-A of the Industrial Disputes Act can be lodged on apprehended contravention of the provision by the employer. Provision of Section 33-A is not preventive in nature. It is further held by learned Single Judge that proceedings under Section 33-A of the Industrial Disputes Act would not be maintainable unless a positive action or change has taken place. It is further held by the learned Single Judge that in absence of contravention, order in application under Section 33-A of the Industrial Disputes Act is without jurisdiction. Therefore, it is requested to allow the present petition.

(3.) Mr.Prabhakar Upadhyay, learned advocate appearing on behalf of the respondents is not in position to dispute the aforesaid proposition of law laid down by this Court. However, he has submitted that the Reference is pending since long, suitable direction may be given to the concerned Labour Court to expedite the hearing of the said Reference.