TRINKET ENGINEERING PVT LIMITED Vs. HASANBHAI SALIMBHAI

JUDGEMENT

(1.) Rule. In all these petitions Mr.Japee appears for private respondent. Mr.U.R.Bhatt, AGP is directed to appear on behalf of respondent No.2-Asst.Labour Commissioner. With the consent of learned advocates matter is further taken up for hearing.

(2.) In all these petitions, the petitioners have approached this court for challenging the legality and validity of the orders passed by the Asst.Labour Commissioner, dated 29.10.2003 for not granting approval for termination of the concerned workman under section 33(2)(B) of the Industrial Disputes Act (hereinafter referred to as "the Act").

(3.) I would have examined the matter further for considering the legality and validity of the order passed by the Asst.Labour Commissioner. However, Mr.Desai, Ld.advocate for the petitioners submitted that the Asst.Labour Commissioner having passed the final order on 11.8.03 in I.D.C.Case No.6/03 could not have passed the order denying the approval. Mr.Desai has placed on record the copy of the order, dated 11.8.03 passed by the Asst.Labour Commissioner whereby the conciliation proceedings are closed on the ground that minimum number of workmen are not there for raising the dispute under the Act. Mr.Japee for the respondent workmen does not dispute the existence of order dated 11.8.03 passed by the Asst.Labour Commissioner for closure of proceedings. However, he submitted that the union has moved the application dated 29.9.03 for reopening of closed proceedings and the same is pending before the competent authority and he submitted that the order passed by the learned Asst.Labour Commissioner should not be interfered with. Mr.Bhatt, Ld.AGP for Asst.Labour Commissioner supported the order passed by the Asst.Labour Commissioner.