SAURASHTRA MAJOOR MAHAJAN SANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In both these petitions the workmen, through the representative union approved under the appropriate provisions of the Bombay Industrial Relations Act, 1946, have challenged the legality and validity of the order dated May 9, 1988 passed by the State Government of Gujarat declaring that the Sugar Factories in question, i.e., Una Taluka Khedut Sahkari Khand Udyog Mandli Ltd., Una (in Special Civil Application No. 6303/88) and Talala Taluka Khedut Sahakari Khand Udyog Mandali Ltd., Talala (in Special Civil Application No. 6304/88) are industrial establishments of seasonal character within the meaning of Section 25-A and 25-K of the Industrial Disputes Act, 1947.

(2.) The petitioners have also challenged the constitutional validity of the provisions of Section 25-A, 25-A(2). 25-K and 25-K(2) of the Industrial Disputes Act, 1947 ("I.D. Act" for short). However, at the time of hearing, the petititoners have not pressed the challenge to the constitutional validity of the aforesaid provisions of the I.D. Act. Hence the prayer contained in paras 20(B) and 20 (C) in both the petitions do not survive and the petition, in so far as these prayers are concerned, stand disposed of as having not been pressed. On behalf of the petitioners it is also prayed that since the petitioners do not challenge the constitutional validity of the aforesaid provisions of the Act, the petitioners may be permitted to delete respondent No. 1 in both the petitions, i.e., Union of India through the Secretary, Labour & Employment Department, New Delhi. Permission Granted. In both the petitions respondent No. 1-Union of India stands deleted.

(3.) In Special Civil Application No. 6303 of 1988 after the petition was filed, respondents No. 5 to 100 who claim to be permanent employees of respondent No. 4-Industrial establishment prayed for being joined as party respondents. They have been permitted to be joined as party respondents as per order dated April 5, 1990. Thus in Special Civil Application No. 6303 of 1988 respondents No. 5 to 100 who are permanent employees of the establishment are also party-respondents.