RAJKOT JILLA DUDH UTPADAK SANGH LTDversusMANOJBHAI PRAVINBHAI MEHTA

     C/SCA/17425/2025                                     ORDER DATED: 06/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 17425 of 2025

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                 RAJKOT JILLA DUDH UTPADAK SANGH LTD
                                 Versus
                  MANOJBHAI PRAVINBHAI MEHTA & ORS.
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Appearance:
MR PS GOGIA(2751) for the Petitioner(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                Date : 06/02/2026

                                  ORAL ORDER


1.     Present petition is led by the petitioner under Articles 226 &
227 of the Constitution of India read with the provisions of the
Industrial Disputes Act, 1947 (hereinafter be referred to as “the Act”)
seeking following reliefs :

       “A) Your Lordships may be pleased to issue the writ of mandamus /
       certiorari or any other writ setting aside the impugned award dated 18.3.25
       of the Industrial Tribunal, Rajkot passed in Ref (IT) No. 59/23 at Annexure-A.
       And further be pleased to direct the Industrial Tribunal, Rajkot to hear the
       preliminary issue at the preliminary stage of the case. At Annexure-A.

       B) Pending the present petition Your Lordships may be pleased to stay the
       implementation and operation of impugned order dated 18.3.25 of the
       Industrial Tribunal annexed at Annexure-A and further be pleased to stay
       the proceedings of Ref(IT) No. 59/23 in the interest of justice. At Annexure-
       A.

       C) Your Lordships may be pleased to grant exparte ad-interim relief as per
       para B of the prayer.

       D) Your Lordships may be pleased to grant any other relief/s as deemed 1t
       in the interest of justice.”


2.     Brief facts giving rise to the present petition are that, the
petitioner is Dairy registered under the Gujarat Co-operative Societies


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     C/SCA/17425/2025                               ORDER DATED: 06/02/2026




Act and respondent No.1 is working as a daily wager. That, the
respondent-workman raised a demand through an unrecognized union
viz., Shri Vinayak Karmachari Mandal to regularize his service and
make him permanent employee and thus, the respondent-workman
through said unrecognized union had           led a complaint/conciliation
case before the Assistant Labour Commissioner/Conciliation o9cer,
Rajkot, which was resisted by the petitioner by contending that the
present union has no locus standi to espouse the dispute as it is not a
recognized union of the petitioner and further the respondent-
workman has no right to claim regularization as he is a daily wager
engaged for temporary and miscellaneous work. That, the said
dispute was referred to the Industrial Tribunal for adjudication i.e.
Reference (IT) No. 59 of 2023. That, the petitioner in the above said
reference case raised the preliminary objection about the union being
not a recognized union and thus, the dispute was not maintainable
and prayed the court to decide the said preliminary objection at the
preliminary stage. That, the Industrial Tribunal after hearing allowed
the prayer of the petitioner i.e. to decide the preliminary objection at
preliminary stage and accordingly, had framed the issues vide order
dated 16.11.2024. The petitioner thereafter, requested the Industrial
Tribunal to decide the preliminary issue as per the above said order
dated 16.11.2024, however, the Industrial Tribunal after hearing had
passed the impugned order dated. 18.03.2025 whereby, the Industrial
Tribunal had declined to decide the preliminary issue at the
preliminary stage on the ground that union had not appeared and
further the issue was required to be examined by recording of
evidences.


3.       Being aggrieved and dissatis ed with the impugned award


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        C/SCA/17425/2025                                                        ORDER DATED: 06/02/2026




dated 18.03.2025 passed by the Industrial Tribunal, Rajkot in Ref. (IT)
No. 59 of 2023, the petitioner has preferred this petition under
Articles 226 & 227 of the Constitution of India read with the provisions
of Industrial Disputes Act, 1947.


4.        Heard Mr. P.S. Gogia, learned counsel appearing on behalf of
the petitioner-employee.


5.        I have perused the impugned order passed below Exh.-15,
wherein, it is held by the Tribunal that the main issue is pending and
both the parties are ready and willing to go on with the main dispute,
which is pending before the Tribunal, and at that relevant point of
time, the Tribunal had not passed any adverse order against any of
the parties and the Tribunal had also further observed that the
preliminary issue is to be decided in accordance with law after giving
proper opportunity.


6.        In view of above, since there is no adverse order passed by the
Tribunal which is prejudice to the rights of the present petitioner, the
present petition is not required to be entertained and hence, the
present petition is hereby dismissed. The Tribunal is requested to
decide the Reference as expeditiously as possible.



                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 07/02/2026 15:04:56


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