Excel Shine Pvt. Ltd. and Another vs Deputy Commissioner of Labour and Others

M.R. Shah, J.—By way of this petition under Article 226 of the Constitution of India, the petitioner M/s. Excel Shine Private Limited has prayed for appropriate writ, order or direction quashing and setting aside the impugned order dated 27.5.2003 passed u/s 10 of the Industrial Disputes Act, 1947 (''the Act'' for short) making reference to the Labour Court for adjudication of the dispute with respect to the alleged strike by the workers for the period between 1.11.2002 and 15.11.2002 and with respect to illegal closure / lock out by the petitioner company with effect from 16.11.2002, the petitioners have also challenged the impugned notice dated 5.6.2003 issued by the Labour Officer, Valsad informing the petitioners that if illegal closure is not lifted and the workers are not reemployed, the penal action shall be taken u/s 26(2) of the Act.

It is reported that after the aforesaid Special Civil Application was filed and as the order passed by the appropriate authority dated 27.5.2003 making reference was not stayed, the dispute was referred to the Labour Court, Valsad which was numbered as Reference (LCVD) No. 2 of 2003. It is also reported that the Presiding Officer, Labour Court, Valsad by judgment and award dated 9.8.2005 allowed the said reference in favour of the workers. It is reported that, thereafter, the petitioners preferred Special Civil Application No. 24781 of 2005 before this Court challenging the aforesaid judgment and award which also came to be dismissed by this Court vide order dated 29.7.2009.

In view of the above, when after making of the reference, the judgment and award came to be passed by the Labour Court, Valsad and the same came to be confirmed by this Court, the present petition has become infructuous and nothing further is required to be done.

Now, so far as the challenge to the notice issued by the Labour Officer, Valsad dated 5.6.2003 is concerned, it cannot be said that the Labour Officer has committed any illegality and/or issued the said notice without jurisdiction and/or authority. By the aforesaid notice, the petitioners were called upon to lift illegal closure and to reemploy / reinstate the workmen failing which it was observed that penal action shall be taken u/s 26(2) of the Act. It is to be noted that as such the action of the petitioners with respect to illegal closure has been set aside by learned Labour Court, Valsad by judgment and award passed in Reference (LCVD) No. 2 of 2003 which has been confirmed by this Court. Under the circumstances, no interference is required by this Court.

In view of the above and for the reasons stated above, this petition deserves to be dismissed and is accordingly dismissed. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith. No costs.