Union vs All

(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The appellant has invoked Clause 15 of the Letters Patent to challenge the order dated 10.04.2008 of learned Single Judge of this Court for a limited purpose and the argument that the Court ought not to have directed the Central Government to immediately hold conciliation proceedings in accordance with law and follow the other procedure for making appropriate order under Section 12(5) of the Industrial Disputes Act (for short 'the Act'). It was also, however, fairly submitted that the appellants have already implemented the order, but it was only for asserting the right and submission of the appellants that the appeal was preferred so that the impugned decision does not become a precedent to be followed in other similar cases. In any case, the matters of holding conciliation and further proceedings have to be decided with reference to the facts in each case and in the context of the statutory provisions contained in Section 10(1-A) of the Act.

In view of the limited purpose of the appeal and the order dated 10.04.2008 having already been implemented, the appeal is not required to be entertained except for clarifying that the directions issued by learned Single Judge in the impugned order are apparently issued in the particular facts and circumstances of the case and similar circumstances may or may not be prevailing in any other case. Therefore, it would always be the discretion of the Court to either direct consideration by the Central Government of the matter, as was done in an earlier case before this Court in Special Civil Application No.5496 of 1996, decided on 04.12.1996, or, to direct appropriate action, if required, in the facts of the particular case. With these observations and clarification, the appeal is disposed as not surviving.

(D.H.WAGHELA,J.) (M.D.SHAH,J.) radhan Top