SHAH AND COMPANY Vs. GUJARAT MAZDOOR SABHA

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India for following prayer:-

(2.) Brief facts arising for the consideration of the present petition is that the respondent No.1-Union is registered under the Trade Union Act and respondent No.2-company is duly registered and incorporated under the Provisions of the Company's Act and engaged in the business of manufacturing life saving drugs and pharmaceutical products. The petitioners are labour contractors engaged by respondent No.2 to supply contractual labourers for work as per the agreement between the respondent-company and the petitioner. From 26/2/2020, certain contractual labourers working in the first shift collusively refused to work as per the instructions given to them by their supervisor, therefore, notices were placed on notice board on 26/2/2020, 27/2/2020 and 29/2/2020. Thereafter, disciplinary proceedings were initiated by placing the respective employees under suspension impending inquiry and has issued show-cause notice-cum-chargesheet on 6/3/2020. Disciplinary proceedings and departmental inquiry against the said erring employees who committed misconduct is pending as on date.

(3.) The name of the workers who resorted to illegal strike/stoppage of work upon the instigation of one Mr.Gautam D.Makwana are stated herein below:-