NEW INDIA INDUSTRIES LTD Vs. VADODARA KAMDAR UNION

JUDGEMENT

(1.) Since the issues raised in the captioned writ petitions are interconnected, the same are decided by this common judgement and order.

(2.) The petitioner-Company having its industrial Unit at Jetalpur Road, Vadodara was engaged in manufacturing parts of textile machinery. It is the case of the petitioner-Company that in the month of August, 2000 due to serious labour unrest and damage to properties, production activity of the petitioner-Company was totally stopped. The industrial dispute between the management and workers was taken up in conciliation by the Conciliation Officer at the Office of Labour Commissioner, Vadodara. During the conciliation proceedings on 2/5/2001, an understanding was prepared suggesting broad terms for Voluntary Retirement Scheme (VRS) for an amount of Rs.8.5 crores, subject to further negotiations to be held on 9/5/2001. Therefore, on 11/8/2001, a further understanding was reduced in writing mentioning exchange of drafts and about the payment of gratuity.

(3.) The respondent-Union filed Special Civil Application No.10800 of 2001 before this Court seeking a direction against the petitioner- Company and against the Deputy Labour Commissioner as well as the Assistant Labour Commissioner for enforcement of the understanding dtd. 2/5/2001.