BARODA ISPAT PVT. LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of these petition, the petitioner has challenged order of reference dated 3.5.2004 at Annexure-A which was subsequently amended by addendum dated 19.6.2004 by which names of the parties were added to the order dated 3.5.2004. By the said order, it was ordered that the employees are entitled for the backwages and other benefits from 15.3.2004 till the lock out is lifted by the petitioner.

(2.) Learned Senior counsel for the petitioner Mr. K.M. Patel has pointed out that by referring the term of Reference, the State Government has restricted the defence which was raised even before the Government that (i) whether it was abandonment of work by the contractor/employees or (ii) whether it was strike and (iii) whether the respondents were contractor's employees or there was no lock out; but in view of the term of reference, the three defences which are available and which are, of course, required to be proved by the petitioner are shut out by the limited term of reference and practically the petitioner is made defenceless.

(3.) Learned Sr. counsel for the petitioner submitted that, in similar set of facts, the same view is taken by the Hon'ble Supreme Court in the case of MOOLCHAND KHARATI RAM HOSPITAL K. UNION VS. LABOUR COMMISSIONER & CO., 2001 1 CurLR 29.