BUILDWORTH PVT LTD Vs. LABOUR COURT

JUDGEMENT

(1.) Heard Mr. S. S. Dey, learned counsel for the petitioner. By means of this writ petition, the petitioner i.e. Ms. Buildworth Pvt. Ltd., a company registered under Companies Act, seeks to challenge the order dated 7.6.2012 passed by the learned Presiding Officer, Labour Court, Guwahati, rejecting the prayer of the petitioner to frame a preliminary issue on the points of maintainability of the petition filed by the respondents No. 2 and 3 under Section 33-A of the Industrial Disputes Act, 1947. The basic facts required to be stated for adjudication of the instant writ petition are as follows.

(2.) A dispute having arisen between the management of M/s. Buildworth Pvt. Ltd,. and their workmen, represented by Buildworth Shramik Union, the Govt. of Assam in the Labour Department made a reference to the Learned Labour Court, Assam at Guwahati to adjudicate upon the following issues :-

(3.) The reference has been registered and numbered as Reference Case No. 6/2010. During the pendency of the said reference, the learned Labour Court issued notice dated 10.3.2011 to the petitioner management to file its objection against the MIsc. Application filed by the Labour Union under Section 33-A of the Industrial Disputes Act, 1947. For a ready reference, the Misc. Application filed by the employees' union is reproduced below :-