Authority: High Court of Gujarat at Ahmedabad
Order Date: 24/08/2026
Case Overview
- Parties: Municipal Commissioner/Director, Ahmedabad Janmarg Ltd. (petitioner) vs Karnavati Nagarparivahan Mazdoor Sangh & Ors. (respondents).
- The union raised demands before the Labour Commissioner for regularisation of workmen on the Jan Marg BRTS project, seeking permanent status after 180 days, pay benefits per 6th Pay Commission, a Rs 10,000 allowance for certain categories from 1 Jan 2012, and a cadre‑wise seniority list.
- The dispute was referred to the Industrial Tribunal, Ahmedabad. The reference was dismissed for non‑prosecution on 01‑12‑2016.
- The union filed a restoration application under Rule 26(A) of the Industrial Disputes Act; the Tribunal allowed it on 21‑08‑2017, restoring the reference proceedings.
- Ahmedabad Janmarg Ltd. filed the present Special Civil Application (No. 18730 of 2017) under Articles 226 and 227 of the Constitution, seeking a writ of certiorari to quash the restoration order and a stay of its operation.
- Arguments: Petitioner contended the restoration lacked sufficient cause and that the workmen were appointed by the contractor, not the petitioner, so no lis existed. Respondent Union argued the restoration was justified, citing lack of representation and procedural fairness.
Final Outcome
- The Court found no sufficient cause to interfere with the Tribunal’s discretion and dismissed the petition.
- No order as to costs.
- The Labour Court is directed to complete the reference proceedings within six months of receipt of this order, deciding the application strictly on merits, and both parties must cooperate without seeking unnecessary adjournments.
Topics: Industrial Dispute, Labour Law