LAWS(GJH)-2018-9-298

BARODA DAIRY / SUGAM DAIRY Vs. ASHOKBHAI NATWARBHAI CHAUHAN

Decided On September 10, 2018
Baroda Dairy / Sugam Dairy Appellant
V/S
Ashokbhai Natwarbhai Chauhan Respondents

JUDGEMENT

(1.) Heard Mr.Bhatt, learned Senior Counsel with Mr. Vaghela, learned advocate for the petitioner and Mr. Mankad, learned advocate for the respondent.

(2.) The petitioner Baroda / Sugam Dairy has by present petitions challenged common order dated 10.4.2015 passed by learned Industrial Tribunal at Vadodara in Complaint (IT) No. 66 of 2012 to Complaint (IT) No. 90 of 2012 whereby learned tribunal, in light of the conclusion that the opponents committed breach of Section 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as the "I.D. Act"), directed the opponents to reinstate the claimants with the clarification that if opponent Nos. 2 and 3 fail to comply the direction then opponent No. 1 shall be obliged to comply the award.

(3.) So far as factual background is concerned, it has emerged that during pendency of dispute i.e. Reference (IT) No. 93 of 2011 the persons concerned in said reference case filed separate / individual complaints with the allegation that the opponents terminated their services during pendency of the said reference and thereby committed breach of Section 33 of the I.D. Act. The said complaints came to be registered as Complaint (IT) No. 66 of 2012 to 90 of 2012.