SAURASHTRA UNIVERSITY Vs. SAURASHTRA UNIVERSITY KARMACHARI PARIVAR

JUDGEMENT

(1.) The present petition is filed by Saurashtra University and its Registrar challenging the order dated 4th December, 2001 passed by the Deputy Labour Commissioner, Saurashtra-Kutch at Rajkot making a Reference of the dispute mentioned in the Schedule attached thereto, and the order dated 7th March, 2002 passed by the Industrial Tribunal, Rajkot in Reference (IT) No.10 of 2002 directing the petitioner-University to maintain status quo qua the five workmen till the next date of hearing, issuing a show cause notice to show cause as to why the reliefs prayed for in the application be not granted and fixing the next date of hearing on 20th March, 2002.

(2.) The Civil Application No.1649 of 2003 is filed for a relief to issue an interim mandatory order to the opponents not to give effect to the show cause notice dated 19th February, 2003 in any manner, by terminating the services of the said five workmen, pending the hearing and final disposal of the Special Civil Application No.5433 of 2002.

(3.) Mr.J.R.Nanavati, learned Senior Advocate appearing for the petitioner-University, submitted that the petitioner-University is constituted by a statute i.e. Saurashtra University Act and it conducts its affairs as permitted under the statute. He submitted that the order passed by the Industrial Tribunal, Rajkot in Reference (IT) No.10 of 2002 is without any jurisdiction and authority of law inasmuch as the subject matter of the said order is covered under the Gujarat Universities Services Tribunal Act, 1983 ("the Act" for short). He submitted that in view of that, the order passed by the Deputy Labour Commissioner dated 4th December, 2001 is also without any authority and it suffers from non-application of mind. Mr.Nanavati invited the attention of the Court to the provisions of the Act. He pointed out the object for which the Act is enacted. It reads as under: