TATA CHEMICALS LIMITED Vs. OKHA MANDAL MAJOOR SANGH

JUDGEMENT

(1.) Rule. Learned advocates waive service of rule on behalf of their respective parties. With the consent of the learned advocates on both the sides, these matters are heard finally. Both these petitions are filed under Articles 226 and 227 of the Constitution of India by which the concerned petitioners have challenged the Award dated 31.12.2015 passed by Industrial Tribunal, Jamnagar in Reference (IT) No. 2 of 2012 (Old Reference No.188 of 1992).

(2.) Special Civil Application No.12098 of 2016 is filed by the principal employer (hereinafter referred to as the Company), whereas Special Civil Application No.10649 of 2016 is filed by the Contractor. As in both the petitions, the Award passed by the Tribunal is challenged, both the petitions are heard together and being disposed off by this common order. However, for the sake of convenience, the facts narrated in Special Civil Application No.12098 of 2016 are recorded, which read as under:

(3.) Heard learned Senior Counsel Mr. K. M. Patel assisted by learned advocate Mr. Varun K. Patel for the petitioner Company, learned advocate Mr. G. M. Joshi for the Contractor and learned Senior Counsel Mr. Shalin Mehta assisted by learned advocate Mr. Amresh N. Patel for the respondent No.1 - Union.