ALFA ENGINEERING CO Vs. IBRAHIM V VORA

JUDGEMENT

(1.) PER K.S. Jhaveri, J: - 1.0 The petitioner Company has prayed to restain the Labour Court, Baroda from entertaining the reference being Reference (LCV) No.501 of 2001 and to declare the impugned Notice dated 19.6.2001 as without any jurisdiction and violative of the provisions of the Constitution of India.

(2.) 0 The brief facts of the case, are that the respondent herein, somewhere in the year 1996, preferred an application for reference alleging that the petitioner had illegally terminated his services. In pursuance of the said application, the Assistant Labour Commissioner made a reference u/s.10(1) of the Industrial Disputes Act, 1947 to the Labour Court, Baroda, for adjudicating the dispute in question, which was numbered as Reference (LCV) No.908 of 1996.

(3.) 0 While admitting the matter on 3.10.2001, this Court has stayed the proceedings in the reference being Reference (LCV) No.501 of 2001 pending before the Labour Court, Baroda, which was confirmed by Order dated 19.10.2001. From the record, it transpires that the dispute between the parties was already adjudicated upon by the Labour Court, Baroda, in the earlier proceedings being Reference (LCV) No.908 of 1996 decided on 6.10.2000. Once the dispute is already decided on merits by the Labour Court, Baroda, the Assistant Labour Commissioner ought not to have referred the same dispute again for adjudication. It appears that the Assistant Labour Commissioner has acted purely in a mechanical manner, without ascertaining as to whether there exists any industrial dispute between the parties.