VISHV ENTERPRISE Vs. WORKMEN THROUGH GUJARAT MAJDOOR SABHA

JUDGEMENT

(1.) The present petition is filed under Articles 226 and 227 of the Constitution of India for the purpose of challenging the legality and validity of the order dated 16.02.2018 passed by the learned Industrial Tribunal, Surat (for short the "Tribunal") at Exhibit 21 in Reference (IT) No. 35 of 2017.

(2.) The case of the petitioner is that the petitioner is a partnership firm dealing in the business of manpower, supplying machinery to various organizations, having its office infrastructure registered under the provisions of EPF and MP Act, ESI Act etc. It has accordingly applied in a tender in supplying manpower in South Gujarat Zone and was awarded contract consequently for a period of three years. Since the year 2011-12 the said contract was again renewed in the year 2015 which was put to end on 31.03.2018. In response to such, the petitioner had deployed around 525 persons in respondents nos. 2 and 4, during the tenure and all these persons were paid by the petitioner on regular basis directly in their bank account and their PF contributions etc., were also deducted and remitted regularly and there is a clear compliance of the relevant labour laws applicable to the petitioner. Till April, 2017, everything was smoothly going on. However, for the first time on 05.04.2017 the respondent - Union sent a notice inter alia seeking three demands including regularization. As a result of this, the conciliation proceedings were initiated and the same were ended upon submission of failure report to the Government on 26.09.2017. It is the case of the petitioner that during the entire conciliation proceedings from the demand notice till the failure report thereof, the respondent did not even utter a word regarding any demand relating to bonus. However, suddenly on 07.10.2017 the respondent Union for the first time raised an issue relating to bonus @ 20% on or before 15.12017 failing which a threat was administered to initiate indefinite strike from 16.10.2017. Since the pressure was not succumbed to and the petitioner had conveyed inability, approximately 260 workers went on illegal strike with effect from 16.10.2017 for a period of two days before the eve of 'Diwali' festival. This pressure was being generated at the instance of respondent no. 1. However, correspondence exchanged between the labour machinery and the petitioner and instead of awaiting orders from the appropriate authority, respondent no. 1 Union straightway approached this Court by way of Special Civil Application No. 19953 of 2017 and the petitioner appeared through the lawyer, submitted detailed reply and after hearing at length, the Court was pleased to dispose of the petition by order dated 20.12017, observing that the prayers which were made of reference did not survive in view of the order passed by the appropriate government dated 18.11.2017 whereby the dispute was ordered to be referred.

(3.) The Court while taking up the matter, upon request of both the sides has heard this matter at length on 18.04.2018 and thereafter, after hearing the respective sides, the matter was kept for orders, but during passage of time, the roster has been changed and thereafter, after proper submissions by the office, the matter was again placed back to this Court vide administrative order dated 28.06.2018. In view of the order dated 28.06.2018, when this matter was ordered to be listed on 107.2018 before this Court. However, the learned advocates for the respective sides have requested the Court that since the hearing is over and the same was argued at length, nothing further to be added and therefore, appropriate orders be passed in the present proceedings. As a result of this, the Court has considered the relevant stand taken by both the sides.