PAHARPUR COOLING TOWERS LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this petition is made by the employer to the order dated 06.08.2015, passed by the Appropriate Authority under the Industrial Disputes Act, 1947, making Reference to the Industrial Tribunal, Vadodara for adjudication of the disputes referred therein. The said order has culminated into Reference (IT) Demand No.95 of 2015.

(2.) Mr.Mihir Thakore, learned senior advocate for the petitioner employer has submitted that, while referring the disputes mentioned in the Schedule of the Reference order, the Authority has, in substance recorded finding against the petitioner on many of the disputes. Attention of this Court is invited to the language of Demand Nos.2 and 10 to contend that on one hand, the dispute is being referred as to whether the contract between the petitioner and respondents No.4 and 5 is sham and bogus or not, but at the same time, the finding is also recorded that it is so. It is further contended that, in the Reference order, it is also noted that the workmen of the respondent Union are not getting the wages at par with the other workmen of the Company. Attention of this Court is invited to the language of Demand No.10, which is with regard to the effective date of implementation of the wage revision and while doing so, the profitability of the company is held to be a concluded issue, according to the petitioner. It is submitted that the Government does not derive power to first adjudicate the matter and then to refer it.

(3.) This petition is contested by respondent No.6 Union. Mr.Mankad, learned advocate for respondent No.6 has submitted that, the Union had raised various demands, for which charter of demand was submitted vide Annexure-D dated 01.12.2014, in support thereof justification was also given on 05.12.2014 vide Annexure-E to this petition. It is submitted that the names of the workmen, whose cause is sought to be espoused by the Union (who are indicated to be 63), are also on record at Annexure-J. It is submitted that, considering the material on record, it can not be said that the Reference made by the Appropriate Authority is illegal in any manner. It is submitted that this petition be dismissed.