LPA/1032/2006 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1032 of 2006 With CIVIL APPLICATION No.9720 of 2006 In SPECIAL CIVIL APPLICATION No. 13702 of 2006 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= INGERSOLL RAND AND OTHER INDUSTRIES EMPLOYEES UNION & 1 - Appellant(s) Versus STATE OF GUJARAT & 8 - Respondent(s) ========================================================= Appearance : MR SHALIN N MEHTA for Appellant(s) : 1 - 2. MS TANUJA KACHHI, AGP for Respondent(s) : 1 - 3,7 - 9. MR KS NANAVATI WITH MR GANDHI FOR NANAVATI ASSOCIATES for Respondent(s) : 4 - 5. MR GM JOSHI for Respondent(s) : 6, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER LPA/1032/2006 2/4 JUDGMENT Date : 29/01/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal preferred under Clause 15 of the Letters Patent arises from the order dated 17th July, 2006 made by the learned Single Judge in above Special Civil Application No.13702 of 2006. The appellants – Ingersoll Rand and Other Industries Employees Union and another are the writ petitioners. The writ petition has been dismissed in limine mainly on the ground that the petition involved disputed questions of facts, for resolution of which, there is alternative forum under the Industrial Disputes Act, 1947. The learned Single Judge has also observed that the grievances made by the writ petitioners were not genuine and that it was really an outcome of the rivalry between two sets of office bearers of the appellants. In the above writ petition, preferred by the appellants herein, the appellants had made as many as 15 prayers. At the time of hearing of the present LPA/1032/2006 3/4 JUDGMENT Appeal, today, Mr. Mehta has submitted that some of the prayers do not survive. He has, however, pressed the challenge to the settlement arrived at on 31st May, 2006. He has submitted that the said settlement has been arrived at by the respondent company with the office bearers of the union, whose term had already expired and new set of office bearers had taken over the charge. He has further submitted that the dispute raised by the appellants before the appropriate Government has been turned down by the appropriate Government by its communication dated 6th September, 2006. By the said communication, the appropriate Government has expressed its opinion that the disputed settlement is neither a settlement arrived at under Section 2(P) nor under Section 12(3) of the Act. On the facts and in the circumstances of the case, we are of the opinion that the dispute raised in respect of the above referred settlement dated 31st May, 2006 cannot be resolved here. The learned Single Judge has rightly held that the appellants had alternative, efficacious remedy. We, however, may not LPA/1032/2006 4/4 JUDGMENT support the observations made against the appellant Union. In the circumstances, we direct the appellant Union and its office bearers to seek reference in respect of the disputed settlement dated 31st May, 2006 before the appropriate Government within two weeks from today. On receipt of such reference, the appropriate Government shall consider the same and decide as early as possible but not later than 31st May, 2008. Any of the parties aggrieved by the decision of the appropriate Government will be at liberty to challenge the said decision. Subject to the above direction, the Appeal is disposed of. Civil Application No.9720 of 2006 stands disposed of. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) kdc