Gujarat High Court
R.M.P. Bearing Limited vs Gujarat Mazdoor Sabha on 4 August, 2021
Bench: A.S. Supehia
C/SCA/4257/2020 JUDGMENT DATED: 04/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4257 of 2020
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 4257 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.S. SUPEHIA Sd/-
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ? NO
2 To be referred to the Reporter or not ?
NO
3 Whether their Lordships wish to see the fair copy
of the judgment ? NO
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ? NO
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R.M.P. BEARING LIMITED
Versus
GUJARAT MAZDOOR SABHA
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Appearance:
MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1
HARSH K RAVAL(9068) for the Respondent(s) No. 1
MR AMRESH N PATEL(2277) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 04/08/2021
ORAL JUDGMENT
(1) The present petition has been filed by the
petitioner challenging the order dated 15.01.2019
passed by the Industrial Tribunal, Ahmedabad in
interim application (Exh.10) in Reference (I.T.)
No.21 of 2014 preferred by respondent No.1 as well
as order dated 31.07.2019 rejecting Review
Application (I.T.) No.1 of 2019 moved in in
Reference (I.T.) No.21 of 2014 by the petitioner.
C/SCA/4257/2020 JUDGMENT DATED: 04/08/2021
(2) Learned advocate for the petitioner has
submitted that the main Reference (I.T.) No.21 of
2014 is still pending, however during pendency of
the said reference, by the impugned order, the
petitioner - Company is directed to pay monthly pay
of Rs.3,000/- as interim relief w.e.f. 01.05.2013
to the workmen. He has submitted that such benefit
could not have been extended by the Tribunal in
wake of the fact that none of the workmen have
accepted the settlement and such benefits are only
being paid to those workmen who have accepted the
settlement of the petitioner-Company. He has
submitted that till today, the workmen have not
accepted the settlement and hence, if they accept
the same without there being prejudice to the
rights and contentions, the impugned order may be
implemented hereinafter. However, since the award
is being passed by granting the benefits from
01.05.2013, the same would seriously prejudice the
interest of the petitioner and accordingly, the
directions may be issued.
(3) In response to the aforesaid submissions,
learned advocate Mr.Patel has submitted that the
workmen are ready and willing to accept the
settlement however, without prejudice to their
rights and contentions before the Industrial
Tribunal in the reference No. 21 of 2014. It is
submitted that since there is vast difference
between the wages which is being paid to the
C/SCA/4257/2020 JUDGMENT DATED: 04/08/2021
workmen, who have accepted the settlement and the
present workmen, who have not accepted the
settlement, the impugned order may be accordingly
modified.
(4) I have heard the learned advocates for the
respective parties and perused the documents on
record.
(5) Since both the parties are ad idem that if the
workmen accept the settlement without prejudice to
their rights and contentions in the interest of
both the parties, it would be appropriate that the
impugned order dated 15.01.2019 can be ordered to
be implemented in the case of the present workmen,
who have not yet accepted the settlement from such
date i.e. 15.01.2019. It is directed that the
workmen shall accept the settlement without
prejudice to their rights and contentions and the
petitioner-Company shall pay the benefits of the
settlement to the workmen from 15.01.2019 onward.
So far as the claim from 01.05.2013 to 15.01.2019
is concerned, it is clarified that the same would
be subject to the final outcome of Reference (I.T.)
No.21 of 2014. The petitioner-Company is directed
to pay benefits of the settlement to the workmen
after they accept the settlement within a period of
one month from the date of receipt of a writ of
this order and arrears from 15.01.2019 onward shall
be paid within a period of three months. It is
C/SCA/4257/2020 JUDGMENT DATED: 04/08/2021
clarified that the terms of the reference shall be
decided without being influenced by the
observations of this Court in favour of the either
of the parties. The present arraignment is made
without prejudice to the rights and contentions
raised by both the parties in the Reference (I.T.)
No.21 of 2014.
(6) With these directions and clarifications, the
present petition is allowed accordingly. RULE is
made absolute to the aforesaid extent.
(7) In view of the order passed in the main writ
petition, the connected civil application seeking
direction stands disposed of.
Sd/- .
(A. S. SUPEHIA, J)
Bhavesh-[PPS]*
