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Bayer I Ltd vs State Of Gujarat & 2

High Court Of Gujarat|07 December, 2012
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JUDGMENT / ORDER

1. All these petitions arise out of common order, therefore, they are disposed of by this common judgement.
2. The petitioners have filed these petitions with a prayer to quash and set aside the common order of reference dated 04.05.2005 passed by Assistant Labour Commissioner Himmatnagar, whereby the Labour Commissioner has refereed the dispute between the petitioners and respondents­workmen to the Labour Court.
3. The short facts leading to filing of these petitions are that the respondents­workmen were working in the petitioner­Company. On 15.12.2004 the petitioner­Company introduced VRS and in response to which the respondents­workmen had made applications requesting to relieve them under the said scheme. The petitioner­Company duly accepted the said applications of the respondents­workmen and each of the respondent­workman was paid an amount of Rs.4,50,000/­ through cheque and to that effect declarations had also given by the respondents­workmen.
4. However, after some time the respondent­workmen had raised industrial dispute before the Assistant Labour Commissioner, Himmatnagar, (respondent No.2 herein) by stating that the respondents­workmen were forced to accept the VRS. The respondent No.2. Vide impugned order dated 04.05.05 refereed the said dispute to the Labour Court. Hence, these petitions.
5. Though served none appears for the respondent Nos. 2 and 3.
6. I have heard learned advocates appearing for the petitioners and Mr. Pujara, learned AGP appearing for the respondent No.1. and perused the material on record. It appears from the record that the petitioner­Company has introduced VRS scheme on 15.12.2004 and in response to that respondents­workmen were requested the petitioner­Company to relieve them under the said scheme by filing applications. It also appears from the record that under the said scheme of VRS each of the respondent­workman was paid an amount of Rs.4,50,000/­ and the respondents­workmen had also given a declaration endorsing the aforesaid fact. Therefore, this Court is of the view that since the respondent­workman had willingly accept the VRS and they had given declaration to that effect, there is no question of existence of any Industrial dispute between the respondents­ workman and the petitioner­company.
7. In that view of the matter, I am of the view that respondent No.2 has committed an error in referring the dispute to the Labour Court. Therefore, impugned order dated 04.05.2005, passed by the Assistant Labour Commissioner, Himmatnagar is quashed and set aside. The petitions are allowed. Rule made absolute.
pawan (K.S.JHAVERI,J.)
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Title

Bayer I Ltd vs State Of Gujarat & 2

Court

High Court Of Gujarat

JudgmentDate
07 December, 2012
Judges
  • Ks Jhaveri
Advocates
  • Nanavati Associates