Gujarat HC rejects petition of Helios Pharmaceuticals

LABOUR NEWS (Vol. 1, Issue 2, September 2009)

Amrish Patel

Hon'ble Mr. Justice S. R. Brahmbhatt of Gujarat High Court has rejected petition being SCA no 7710 of 2009 filed by Helios Pharmaceuticals challenging order of Industrial Tribunal, Ahmedabad rejecting approval applications seeking approval of their action of termination of services of ten workmen.

The brief facts of the case are that the concerned workmen with other workmen had organized themselves against company's action of indulging in to the unfair labour practice and also action of non compliance of the statutory provisions. in retaliation M/s Helios Pharmaceuticals had on 12th May 2007 issued a show cause notice to the concerned workmen and demanded explanation about their alleged misconduct of remaining absent from 9.5.2007 to 15.5.2007. The concerned workmen with the help of Gujarat Mazdoor Sabha had raised demand challenging legality and validity of show cause notice. The dispute came to be referred before the Ld. Industrial Tribunal as being Reference No.158 of 2007. The company thereafter abruptly terminated the services of the concerned workmen on 24.12.2007.

The company had filed the application seeking approval of action of termination before the Ld. Industrial Tribunal. The union Gujarat Mazdoor Sabha and the concerned workmen objected the applications raising preliminary objection to the effect that the company was required to seek permission and not the approval application as it was not maintainable in law. Considering the preliminary objection, the Ld. Industrial Tribunal after hearing the parties and after considering the fact situation as also settled legal position and Act provision held that approval applications filed were not maintainable and M/S Helios Pharmaceuticals ought to have filed permission application seeking permission by following prescribed procedure.

That being aggrieved, Company preferred above referred Special Civil Application No.7710 of 2009 before the Hon'ble High Court of Gujarat which was contested by the concerned workmen through Shri Rajesh Mankad, advocate and the Hon'ble High Court vide order dated 29.7.2009 dismissed the petition and confirmed the order of Ld. Industrial Tribunal.