SAURASHTRA CHEMICALS Vs. DEPUTY SECRETARY

JUDGEMENT

(1.) Rule. Mr.Pathak, learned advocate waives service of rule.

(2.) The present application is filed being aggrieved of an order dated 3.2.2001, whereby Labour and Employment Department, Government of Gujarat, referred the matter contained in the schedule appended to the said order as an industrial dispute, in exercise of the powers conferred by clause (d) of subsection (1) of section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). The Government referred the said dispute to the Industrial Tribunal, Rajkot for its adjudication and in exercise of powers conferred under subsec.(3) of sec.10 of the Act, prohibited continuance of any strike in connection with such dispute which might be in existence on the date of the said order. The Government also specified the period of three months from the date of the order under sec.10(2A) of the Act. The dispute referred in the schedule reads as under:

(3.) Mr.Nanavati, learned advocate for the petitioner submitted that the respondent no.2 Union raised certain demands by a Charter of Demands dated 18.5.1998 and after some negotiations thereon, said Charter of Demands came to be referred to the Industrial Tribunal at Rajkot. Thereafter, on a joint request of both the parties the same came to be transferred to the Industrial Tribunal at Ahmedabad, which is pending as Reference (IT) No.474 of 2000, till date, since it is newly numbered on its transfer from Industrial Tribunal, Rajkot. Simultaneously, the Union also raised a demand by letter dated 29.7.1998, whereby the reliefs during pendency of the aforesaid proceedings were sought for. As both the parties could not agree on the amount which shall be paid by way of interim relief as the management was ready to pay only a sum of Rs.175.00, by way of interim relief while the respondent Union adhered to its demand of Rs.540.00, by way of interim relief. This gave rise to the present reference-- Reference (IT) No.27 2001.