UNITED PHOSPHORUS LTD. Vs. COMMISSIONER OF LABOUR

JUDGEMENT

(1.) We have heard Mr. Keyur Gandhi, learned advocate appearing for Nanavati Advocates for the appellant and Mr. M.S. Mansuri, learned advocate appearing with Ms. Hina Desai, learned advocate for the respondent. This intra-court Letters Patent Appeal has been filed challenging the judgment and order dated 26.04.2010 passed by the learned Single Judge in Special Civil Application No. 11053 of 2008 whereby the learned Single Judge has dismissed the writ petition filed by the appellant and confirmed the order passed by the Labour Court.

(2.) The facts of the case as averred in the appeal are set out in a nutshell as under:

(3.) Mr. Keyur Gandhi, learned advocate appearing for the appellant contended that the learned Single Judge as well as the Tribunal erred in not appreciating the fact that a settlement dated 17.03.2008 had already been arrived at between the appellant company and RKS wherein 98 workmen out of a total number of 110 workmen had accepted and signed the said settlement as per Section 2(p) of the Act read with Rule 62(4) of the Industrial Disputes (Gujarat) Rules, 1966. He contended that the learned Single Judge failed to note that by 04.04.2008, four more workmen had accepted the said settlement thereby leaving respondent no. 3 Union with only 8 workers as its members and that the said fact had been brought to the notice of the Labour Commissioner vide letter dated 04.04.2008.