AUTOMOTIVE STAMPING Vs. AKHIL GUJARAT GENERAL MAZDOOR SANGH

JUDGEMENT

(1.) Heard Mr. Patel, learned Senior Counsel, with Mr. V.K.Patel, learned advocate for the petitioner company in Special Civil Application No.10682 of 2015, Mr. Joshi, learned advocate for the petitioners in Special Civil Application Nos.13511 of 2015 and 13512 of 2015 and Mr. Clerk, learned advocate for the workmen concerned in Special Civil Application Nos.10682 of 2015, 13511 of 2015 and 13512 of 2015.

(2.) The petitioners in Special Civil Application Nos. 10682 of 2015, 13511 of 2015 and 13512 of 2015 are aggrieved by award dated 13.3.2015 passed by learned Industrial Tribunal at Vadodara in Reference (IT) No.13 of 2008 whereby learned Tribunal directed first party No.1, first party No.2 and first party No.3 in Reference (IT) No.13 of 2008 before the learned Tribunal i.e. petitioners in captioned 3 petitions to reinstate the concerned claimants/workmen on their original post with same terms and conditions on which they were working prior to termination. The learned Tribunal clarified that if the first party No.1 and/or first party No.2 fail to comply the directions, then, first party No.3 shall be obliged to comply the award. The learned Tribunal further clarified that the direction shall be subject to final decision in Reference (IT) No.127 of 2007, as and when the same is finally decided. Feeling aggrieved by the said award and direction, the petitions have taken out present petitions.

(3.) Mr. Patel, learned Senior Counsel for the petitioner in Special Civil Application No.10682 of 2015 submitted summary of points of contentions against the impugned award, which are treated as submissions by petitioners against the award. The contentions raised by the petitioners are in below mentioned terms:-