INDIAN INSTITUTE OF MANAGEMENT Vs. GUJARAT MAZDOOR SABHA

JUDGEMENT

(1.) The petitioner, namely Indian Institute of Management (?IIM? for short) has filed this petition under Articles 226 and 227 of the Constitution of India praying for quashing and setting aside the order passed by the learned Assistant Labour Commissioner making reference under Section 10 of the Industrial Disputes Act to the Labour Court, Ahmedabad. The petitioner has also prayed for a writ of Prohibition, prohibiting all further proceedings before the Labour Court, pursuant to the reference order and the notice of hearing served by the Labour Court, Ahmedabad.

(2.) The petition was admitted and Rule was issued on 14th December, 1992. Ad-interim relief in terms of para 21(D) was granted whereby further proceedings before the Labour Court in the matter being LCR No. 1295 of 1992 were stayed. The said interim relief continued till 14.10.2005 and this Court vide its order of even date has vacated the interim relief as no one was present on behalf of the petitioner.

(3.) Heard Mr. K.S. Nanavati for the petitioner and Mr. Rajesh P. Mankad with Dr. Mukul Sinha for respondent Nos. 1 to 17 and learned Assistant Government Pleader Mr. Dabhi, appearing on behalf of respondent No.18 i.e. Assistant Labour Commissioner.