GUJARAT MAZDOOR SABHA Vs. SHAH & COMPANY

JUDGEMENT

(1.) ADMIT. Learned advocates appear and waives service of notice of admission on behalf of the respective respondents.

(2.) The Letters Patent Appeal filed under clause 15 of the Letters Patent, 1865, is directed against the judgment and order dtd. 5/12/2024 passed in the captioned writ petition, whereby the learned Single Judge has allowed the captioned writ petition filed by the respondent - Company, assailing the order of reference made by the original respondent - Office of Labour Commissioner to the Industrial Tribunal, Ahmedabad dtd. 24/2/2021.

(3.) The learned Single Judge while accepting the submissions advanced by the original petitioner - Company and after examining the standing orders has held that the order of reference passed by the appropriate authority by exercising the powers under Sec. 10(1) of the Industrial Disputes Act, 1947 , (for short, "the ID Act") was uncalled for. The learned Single Judge, in-detail, has considered the standing orders, governing the disciplinary proceedings more particularly Sec. 24 of the Industrial Employment (Standing Orders) Act, 1946. The learned Single Judge in paragraph No.19 of the impugned judgment and order has observed thus : -