NEW GUJARAT MAZDOOR MANCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE was issued on 25th July 2011 and Notice as to interim relief was also issued returnable today i.e. 4th August 2011. Though served, respondent no. 2 did not instruct the learned advocate in advance. Learned advocate Mr. Yogen Pandya has received instructions to appear for respondent no. 2 only yesterday i.e. 3rd August 2011. 1.1 Learned advocate Mr. Yogen Pandya is permitted to file his appearance on behalf of respondent no. 2 today.

(2.) TAKING into consideration the submissions made by the learned advocate for the petitioner, the matter requires consideration. Rule. Learned advocate Mr. Pandya for respondent no. 2 and learned Assistant Government Pleader Mr. Neeraj Soni for respondent no. 1 waive service of process of Rule. 2.1 So far as respondent no. 3 is concerned, it being a Contractor, will be in a capacity of formal party. Even if, it is not a formal party and is a contesting party, then also, order passed in this matter will not prejudicially affect its rights, because it will have an opportunity to present its case before the authority below (Labour Court / Industrial Tribunal).

(3.) TAKING into consideration the observations made by the Division Bench of this Court, this Court is of the opinion that the present petition is required to be allowed and accordingly, the same is allowed. Order dated 15th July 2011, passed by the Labour Commissioner is quashed and set aside. The respondent no. 1 is directed to consider the question of referring the matter to Labour Court / Industrial Tribunal for its adjudication. Rule is made absolute. No order as to costs.