RADHA TILES Vs. KATUBEN V. MAKWANA

JUDGEMENT

(1.) By this common judgment, total six petitions are disposed of, the details of which are as under.

(2.) 1 In Special Civil Application Nos. 3846, 6626 and 6627 of 2013, challenge is made by the petitioner-establishment to the common award passed by the Labour Court, Bhavnagar dated 28.12.2012 allowing three References being Reference (LCB) Case Nos. 203, 204 and 205 of 2005. The said three References were by a lady named Katuben V. Makwana (Reference No. 203 of 2005), her son Jagabhai V. Makwana (Reference No. 204 of 2005) and her husband Vitthal Govindbhai Makwana (Reference No. 205 of 2005), represented by Majdoor Adhikar Sangh, Bhavnagar. By the said award dated 28.12.2012, all these three References are allowed, and direction is given to the petitioner establishment to make payment of Rs. 50,000/- each, to the lady and her husband both, and the petitioner establishment is directed to reinstate the son with 50% back wages with effect from 01.04.2005.

(3.) The reason to consider these petitions together is that, during the course of hearing of this group of petitions on merits, it had transpired that, the affairs of the Majdoor Adhikar Sangh at Bhavnagar regulated by one Mr. Amit Chauhan, need some closer scrutiny. Earlier also, in number of matters before this Court, it had transpired that, the cause espoused by the said Union/Person, in many cases, prima facie, was less for the protection of the rights of the poor labourers, more for extraneous consideration, the reference to which is made hereinafter. With a view to see that, the concerned workmen, if otherwise are genuine, do not suffer because of this, this Court had requested the concerned learned advocate to ask the concerned workmen to remain present before this Court, but the concerned learned advocate, inspite of his best efforts, had failed to do so. With a view to see that, malpractise if any, at the Bhavnagar Center be curbed, before it damages the system further, the presence of the said Union and the concerned office bearer was felt necessary before this Court, and under these circumstances, this Court had passed an order on 02.09.2014 joining, inter-alia, the concerned Union i.e. the Majdoor Adhikar Sangh, Bhavnagar and Mr. Amit Chauhan, its General Secretary, in his personal capacity, as party respondents in these petitions, so that, even they can put their case before this Court. It is recorded that, the said Mr. Amitkumar Chauhan has filed affidavit dated 30.09.2014 on behalf of the Union and also on his own behalf, which is taken on record, and the contents of which are considered, while recording this judgment.