ASHOK SARDARBHAI DHRUV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Amit Patel, learned AGP waives service of Rule on behalf of respondent No. 1, Mr. Deepak Patel, learned advocate waives service of Rule on behalf of respondent No. 2 and 3 and Mr. Chauhan, learned counsel waives service of Rule on behalf of respondent No. 4. By consent, rule is fixed forthwith.

(2.) Shri Koshti, learned counsel appearing for the petitioners submitted that in this group of matters, the petitioners' main grievance is with regard to treating them as employees of respondent No. 2 and this Court (Coram: Jayant Patel, J.) in Special Civil Application No. 9782 of 2002 with Special Civil Application Nos. 16451 to 16462 of 2003 on 26.2.2004 reserved liberty to raise appropriate industrial disputes with regard to alleged sham and bogus contract in question.

(3.) Shri Chauhan, learned counsel appearing for the respondent No. 4 and Shri Patel, learned counsel appearing for respondent Nos. 2 and 3 submitted that concerned workmen raised dispute and one of such demand is placed on record and submitted that as per the terms of demand, there could not have been any other order but the order of Reference dated 2.3.2006 passed by the Assistant Labour Commissioner and therefore, as demand itself is not in respect of sham and bogus contract, the order dated 2.3.2006 is rightly passed and the direction for amending the same has rightly been rejected by the concerned Assistant Labour Court vide order dated 12.7.2006.