NAVIN FLUORINE INDUSTRIES Vs. B M SHAH

JUDGEMENT

(1.) These petitions are filed by a company, Navin Flourine Industries, a unit of Mafatlal Industries Limited, challenging the judgement and awards dated 19.7.2001 passed by the Labour Court, Surat in Reference (LCS) Nos.809 of 1999, 804 of 1999, 814 of 1999, 808 of 1999, 7 of 2000, 812 of 1999, 926 of 1999, 815 of 1999, 813 of 1999 and 810 of 1999.

(2.) As the record states, these petitions were filed on 27.8.2001, but thereafter, the matters were adjourned from time to time and it was only on 18.2.2003 that the Court passed the following order in Special Civil Application No.8197 of 2001:

(3.) The matters were listed for final hearing on 20.3.2003, but then as the learned advocate for the respondents, Ms.Sangeeta Pahwa filed sick note, the matters could not be taken up for final hearing and were adjourned to 26.3.2003. On 26.3.2003 a request was made that time be granted to enable the respondents-workmen to file an application seeking compliance of the provisions of sec.17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). The matters were adjourned to 27.3.2003. As the matters could not be heard on 27.3.2003, the same were kept today, i.e. 28.3.2003. The respondents have filed Civil Application Nos.2235/03, 2236/03, 2237/03, 2239/03, 2240/03, 2241/03, 2242/03, 2243/03, 2244/03 and 2245/03, seeking compliance of the provisions of sec.17-B of the Act. The main matters are already on Board, awaiting final hearing. The learned advocate for the respondents-workmen, Ms.Pahwa, submitted that in view of the decisions of the Supreme Court, these Civil Applications filed seeking compliance of sec.17-B of the Act, be heard giving priority, before the main matters are taken up for final hearing. In support of her contention, she relied upon a judgement of the Apex Court, in the matter of Workmen, represented by Hindustan V.O. Corpn. Ltd. Vs. Hindustan Vegetable Oils Corporation Ltd. and others, reported in (2000) 9 SCC 534.