SWASTIK TECHNOMECH PRIVATE LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner company challenging the order of reference dated 9.8.2001, a coy of which is produced at Annexure-K to this petition.

(2.) To appreciate the controversy involved in the petition, few facts are necessary.

(3.) Mr. Clerk the learned advocate appearing for the petitioner company argued the matter on 7.3.2002 i.e. yesterday. The order of reference dated 9.8.2001 is assailed mainly on the ground that before receiving this order of reference the petitioner company was not served with any complaint, filed by the respondent workman. It has also not received any intimation regarding the hearing of conciliation proceedings undertaken by the concerned Officer under the relevant provisions of the Industrial Disputes Act, if any. The petitioner company is not in receipt of any failure report of the conciliation proceedings. In absence of all these things, an order of reference is not only unjust and arbitrary but whimsical.