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High Court of Gujarat

RELIANCE INDUSTRIES LIMITEDversusTHE PRESIDENT, INDUSTRIAL AND LABOUR COURTS

Disposal
PARTLY ALLOWED @ ADMISSION STAGE

Holding

The High Court quashed the notification dated 03‑12‑2025 and the order dated 31‑12‑2025 and remanded the matter to the President, Industrial and Labour Court for a fresh hearing and appropriate decision.

Summary

Reliance Industries Ltd filed a special civil application under Articles 226 and 227 of the Constitution, challenging a notification dated 03‑12‑2025 and an order dated 31‑12‑2025 issued by the President of the Industrial and Labour Court, Ahmedabad, under Section 33(B) of the Industrial Disputes Act, 1947. The petitioner sought quashing of the orders and a stay of their operation pending the hearing. The High Court, after hearing the parties, noted that the President had indicated a fresh hearing of the petitioner and other parties to decide on a possible transfer of the dispute. Consequently, the Court quashed both the notification and the order and remanded the matter back to the President, Industrial and Labour Court for a fresh hearing with reasons. The petition was partly allowed, and the Court clarified that it did not go into the merits of the dispute.

Issues considered

  • Whether the President, Industrial and Labour Court, Ahmedabad, had the authority to pass the impugned notification and order without a fresh hearing of all parties.
  • Whether the impugned orders violate the petitioner's rights under Articles 226 and 227 of the Constitution and Section 33(B) of the Industrial Disputes Act, 1947.
  • Whether the High Court should quash the orders and remand the matter for a fresh hearing to determine the necessity of transfer.

Legislation cited

Subjects

Industrial Disputes ActSection 33(B)certiorarijurisdictiontransfer of industrial disputeHigh Courtconstitutional remedyArticle 226Article 227

Judgment

       C/SCA/338/2026                                    ORDER DATED: 29/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 338 of 2026

==========================================================
                  RELIANCE INDUSTRIES LIMITED
                              Versus
       THE PRESIDENT, INDUSTRIAL AND LABOUR COURTS & ORS.
==========================================================
Appearance:
KANUBHAI PATEL SENIOR ADVOCATE WITH NISARG DESAI WITH
PRAVALIKHA BATTHINI WITH RITU AGGARAWAL for GANDHI LAW
ASSOCIATES(12275) for the Petitioner(s)
LAW OFFICER BRANCH(420) for the Respondent(s) No. 1
MR. KM ANTANI(6547) for the Respondent(s) No. 1,2
MR PC CHAUDHARI for the Respondent(s) No.3
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                Date : 29/01/2026

                                 ORAL ORDER


1. Present petition is filed by the petitioner under Articles
226 and 227 of the Constitution of India r/w the
provisions under Section 33(B) of the Industrial Disputes
Act,      1947          challenging     the         impugned     order       dated
31.12.2025 passed by the President, Industrial and
Labour Courts, Ahmedabad as well as Notification dated
3.12.2025 being No.ADT/1/2025/9866 issued by Industrial
Court, with below mentioned relief/s:-

        "9(a) Your Lordships may be pleased to issue a writ of
        certiorari or writ in the nature of certiorari or any other
        appropriate Writ, Order or direction, to quash and set aside
        the     Notification   dated    03.12.2025     being     No.
        ADT/1/2025/9866 issued by Respondent No.1 i.e. The
        President Industrial & Labour Courts, Ahmedabad, (annexed
        at Annexure-A Colly);



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     C/SCA/338/2026                             ORDER DATED: 29/01/2026




      (b) Your Lordships may be pleased to issue a writ of certiorari
      or writ in the nature of certiorari or any other appropriate
      Writ, Order or direction, to quash and set aside the Order
      dated 31.12.2025 passed by the President, Industrial &
      Labour Courts, Gujarat, Ahmedabad, (annexed at Annexure-A
      Colly);

      (c) Pending admission, hearing and final disposal of this
      petition, Your Lordships may be pleased to stay the
      implementation, execution and operation of the Impugned
      Notification dated 03.12.2025 & Impugned Order dated
      31.12.2025 passed by the President, Industrial Tribunal and
      Labour Courts, Gujarat along with the reference proceedings
      being Reference T (LC) No.214 of 2014, pending before
      Labour Court, Surat;

      (d) An ex-parte ad interim relief in terms of prayer (c) above
      may be granted; and

      (e) Grant such other and further relief(s) as may be deemed
      fit in the interest of justice and equity."


2.    This Court, after hearing the parties, issued notice
on 15.01.2026. Pursuant thereto, Mr. P.C. Chaudhari,
learned counsel, appears on behalf of private respondent
No. 3, and Mr. K.M. Antani, learned counsel, appears on
behalf of respondent Nos. 1 and 2.


3.    Today, during the course of hearing, Mr. Antani,
learned counsel for respondent Nos. 1 and 2, under
instructions from his counterpart, i.e. the President,
Industrial       and   Labour     Court,      submitted       that        the
concerned authority shall again hear the petitioner and,
after hearing all concerned parties, shall decide whether
the matter is required to be transferred or not. He further
submitted that the authority shall record reasons and


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     C/SCA/338/2026                                     ORDER DATED: 29/01/2026




thereafter take an appropriate decision in the matter.


4.      In view of the statement made by Mr. Antani,
learned counsel for respondent Nos. 1 and 2, the present
petition     is       required   to      be     remanded       back       to      the
concerned authority for appropriate decision.


5.      In view of the above and in the interest of justice,
the impugned orders dated 03.12.2025 and 31.12.2025
passed by the President, Industrial and Labour Court,
Ahmedabad, are hereby quashed and set aside. The
matter is remanded back to the President, Industrial and
Labour Court, Ahmedabad. The President, Industrial and
Labour Court, after hearing all concerned parties and
after     considering        their        objections,      shall       take       an
appropriate decision afresh as to whether the matter is
required to be transferred or not. If, after giving proper
reasons, the President, Industrial and Labour Court is of
the opinion that the matter is required to be transferred,
appropriate orders shall be passed after taking into
consideration the settled legal principles enunciated by
the Hon’ble Apex Court and other Hon’ble High Courts.


6.      For the foregoing, the petition is partly allowed. The
President, Industrial and Labour Court shall take an
appropriate decision as expeditiously as possible.




                                      Page 3 of 4
       C/SCA/338/2026                                                               ORDER DATED: 29/01/2026




7.       It is clarified that this Court has not gone into the
merits of the matter and, without entering into the
merits, the petition is disposed of.
         Direct service is permitted.


                                                                       (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/01/2026 17:34:05




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