MILL MAZDOOR SABHA Vs. RUSHABH PRECISION BEARING LTD

JUDGEMENT

(1.) The appellant - orig. respondent No. 1 has filed this appeal under Clause 15 of the Letters Patent challenging the judgment and order dated 23.03.2007 passed by the Learned Single Judge in Special Civil Application No.3988 of 2005 quashing and setting aside the award dated 30.08.2002 passed by the Industrial Tribunal, Rajkot in Reference (IT) No. 46 of 2002 and remanding it to the Tribunal for hearing and deciding afresh in respect of the workmen of the present respondent - original petitioner, namely, M/s. Rushbh Precision Bearing Limited only. While remanding the matter, the Learned Single Judge has clarified that both the parties shall be at liberty to approach the appropriate Government to suitably modify the reference made to the Tribunal. The Learned Single Judge has further clarified that the workmen of SRS Bearings Industries and SRS Engineering Industries shall be at liberty to raise industrial dispute against the respective industry. It is further observed that if such a dispute is raised, the appropriate Government shall consider and process the same in accordance with law. The Learned Single Judge has directed that the sum of Rs.20 Lacs deposited in this Court and invested by Registry shall continue to be invested until the reference is heard and decided afresh by the Tribunal and it shall be subject to the decision of the Tribunal. The Registry was directed to transfer the said sum of Rs. 20 Lacs to the Tribunal. The Learned Single Judge has further directed that the present respondent - original petitioner Company shall pay a cost of Rs. 1,000/- to each workman employed by it i.e. the employees of the present respondent - original petitioner M/s. Rushbh Precision Bearing Limited within four weeks from the date of the said order.

(2.) On behalf of the respondent - original petitioner, caveat was filed by M/s. Nanavati Associates. Hence, the Court has heard Mr. T.R. Mishra, learned advocate with Mr. K. R. Koshti, learned advocate appearing for the appellant and Mr. K. S. Nanavati, learned Senior Advocate for M/s. Nanavati Associates for the respondent - original petitioner Company at length at the admission stage.

(3.) The brief facts giving rise to the present appeal are that the whole dispute arose way back on 16.09.1999 when the appellant Union went on strike which was illegal according to the respondent Company. The respondent Company, therefore, immediately on the same day displayed notice on the notice board requesting the workmen to resume duties and also sent copies of notices to the appropriate Government authorities informing them about the said strike. The appellant approached this Court by way of filing Special Civil Application No. 7346 of 2000 alleging that the respondent Company had illegally closed down the undertaking and, therefore, challenged the said action. This Court vide its order dated 15.10.2000 directed that competent Court would initiate proceedings and thereby relegated the appellant Union to approach the appropriate authority.