TORRENT POWER SURAT ELECTRICITY COMPANY EMPLOYEES UNIONversusTORRENT POWER LIMITED

     C/SCA/11100/2025                             ORDER DATED: 06/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 11100 of 2025

==============================================================
     TORRENT POWER SURAT ELECTRICITY COMPANY EMPLOYEES
                           UNION
                           Versus
                  TORRENT POWER LIMITED
==============================================================
Appearance:
MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1
MR KUNAN B NAIK(3210) for the Respondent(s) No. 1
==============================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                            Date : 06/02/2026

                             ORAL ORDER


1.     Present petition is led by the petitioner under Articles 226
and 227 of the Constitution of India read with the provisions of
the Gujarat Industrial Relations Act seeking following reliefs:

       “a. This Hon'ble Court may be pleased to issue a writ of
       mandamus and/or a writ in the nature of mandamus and/or any
       other appropriate writ, order or direction to quash and set-aside
       the impugned order dated 09-05-2025 passed by Learned
       Industrial Court, Surat below Exh-22 in Reference (IC) No. 1 of
       2023 and further may be pleased to allow the application Exh-
       22.

       b. Pending the admission hearing and 0nal disposal of this
       petition, this Hon'ble court may be pleased to stay the further
       proceedings of Reference (IC) No. 1 of 2023 pending before
       Learned Industrial Court, Surat.

       c. Any other and further relief or reliefs to which this Hon'ble
       Court deemed 0t, in the interest of justice, may kindly be
       granted.”




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2.     Brief facts giving rise to the present petition are that, the
petitioner is the only representative union representing the
employees working in Torrent Power Surat Electricity Company.
That, the petitioner had approached respondent No.5 by way of
notice of change under Section 42 (2) of the Act read with Rule
52 of the Gujarat Industrial Relations Rules, 1962 and conciliation
proceedings were started by the Assistant Commissioner of
Labour. That, the respondent had also issued notice of change
under Section 42 to the petitioner and pursuant to the said
notice here also conciliation proceedings were initiated by the
Assistant Commissioner of Labour. That, upon disagreement
between parties, Assistant Commissioner of Labour closed the
proceedings and informed the petitioner that the failure report
will be sent to Labour Gandhinagar Commissioner & Chief
Conciliator under the Gujarat Industrial Relations Act. That, since
despite the conclusion of conciliation proceedings, failure report
was not submitted of the petitioner, approached this Court by
way of Special Civil Application No.5528 of 2023. That, only after
the intervention of this Court and initial notice issued by this
Court, the petitioner got failure certi cate and got its Reference
registered before the Learned Industrial Court, Surat being
Reference (IC) No.1 of 2023. That, the said application came to
be rejected by the learned Labour Court. That, Review
application was         led by the respondent and application was
given (below Exh.13) that while review application is pending,
proceedings may not be further proceeded. That, when the said
application was rejected the respondent             led its written
statement wherein the respondent took a plea that the present
respondent is a di7erent unit altogether therefore, petitioner
 led application (below Exh.17) inter alia demanding certain

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     C/SCA/11100/2025                        ORDER DATED: 06/02/2026




documents. That, the Industrial Court, by recording contentions
of both the sides but without recording any reasons, rejected the
application for production of document below Exh.22.


3.     Being aggrieved and dissatis ed with the impugned order
dated 09.05.2025 passed by the Industrial Court, the petitioner
has preferred the present petition.


4.     Heard Mr. Dipak Dave, learned counsel for the petitioner
and Mr. Kunan Naik, learned counsel for the respondent. Perused
the materials available on record.


5.     Learned counsel Mr. Dave has submitted that the
impugned order passed by the Industrial Court is illegal, unjust,
arbitrary, erroneous and contrary to the facts and material on
record and the provisions of the Act and therefore, is required to
be quashed and set aside. He has submitted that the Industrial
Court has not considered the fact that the documents sought are
relevant, vital and important to decide the controversy on hand
and therefore, the same are required to be produced by the
other side. He has submitted that the respondent has several
other units at other places where same type of activities are
carried out and the conditions of the service of those employees
are similar to that of the petitioner. He has submitted that the
Industrial Court has failed to appreciate the fact that no
prejudice will be caused to the respondent if the documents of
the case are produced on record. Over and above the grounds
agitated in the memo of petition, learned counsel Mr. Dave has
urged that the impugned order passed by the Industrial Court is
required to be quashed and set aside and the present petition is

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     C/SCA/11100/2025                         ORDER DATED: 06/02/2026




required to be allowed.


6.     As against that, learned counsel Mr. Naik, appearing for the
respondent, has opposed the present petition and submitted that
there is no any in rmity or any illegality in the impugned order
passed by the Industrial Court and therefore, no interference is
required to be called for in the present petition. He has
submitted that the impugned order passed by the Industrial
Court is in consonance with the settled principles of law and is
passed after following due procedure and therefore, the same is
required to be con rmed and the present petition is required to
be dismissed and no interference is required to be called for
while exercising jurisdiction under Article 227 of the Constitution
of India.



7.     Having considered the facts of the case and the
submissions made on behalf of the respective parties and
perused the impugned order, I am of the opinion that the matter
is required to be remanded back to the Industrial Court for fresh
decision and the petition deserves to be allowed.



8.     In view of the above, the present petition is allowed. The
impugned order passed below Exh. 22 is hereby quashed and set
aside. The aforesaid reference is ordered to be restored to its
original le. The matter is remanded back to the Industrial Court
for fresh decision. The Industrial Court is directed to hear and
decide the matter, after considering the contentions/submissions
agitated by the respective parties permissible under the law, as

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        C/SCA/11100/2025                                                    ORDER DATED: 06/02/2026




 expeditiously as possible in accordance with law. The parties to
 the proceedings shall co-operate with the concerned authority
 for deciding the matter and shall not seek any unnecessary
 adjournment.

                                                                (HEMANT M. PRACHCHHAK,J)
 ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 09/02/2026 17:19:56




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