GUJARAT RAJYA KAMDAR SEVA SANGH Vs. COMMISSIONER

JUDGEMENT

(1.) Rule, returnable forthwith. Learned AGP Mr.Brahmbhatt waives service of notice of Rule on behalf of the respondent- State.

(2.) Present petition is filed under Articles 226 and 227 of the Constitution of India, challenging the orders passed by the learned Assistant Labour Commissioner, Valsad dtd. 6/3/2017 and 31/7/2017 imposing the conditions on the present petitioner to deposit 50% of the amount, which has been received by the petitioner on giving the Voluntary Retirement Scheme ('the VRS' referred hereinafter).

(3.) It is the case of the petitioner that the workman of the petitioner-union were working with the M/s.Union Quality Plastic Limited, who introduced a voluntary retirement scheme, which is as per the claim of the Union is fabricated and mesmerizing. It is alleged that since the workmen were not well-versed in legal matters, they did not fully comprehend the implications of the scheme. Consequently, the employer relieved them from service upon payment of benefits as per the scheme. It is further alleged by the present petitioner that the said settlement, including VRS was executed in violation of Ss. 25N and 25O of the Industrial Disputes Act, 1947 ('the I.D. Act '). On realizing the fact and the intention of the employer, the Union has raised an dispute before the respondent No.2 authority demanding the reinstatement under the provision of the I.D.Act. However, while referring the dispute to the Tribunal, respondent No.2 imposed a condition requiring the workmen to deposit 50% of the amount received under the VRS before the Assistant Labour Commissioner, Valsad, which is subject matter of challenge before this Court. The petitioner challenges this condition on the ground that respondent No.2 had no authority to impose it. A review application was filed against the said order, but it was rejected vide order dtd. 31/7/2017. Consequently, the petitioner has filed the present petition challenging both orders dtd. 6/3/2017 and 31/7/2017.