IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17425 of 2025 ================================================================ RAJKOT JILLA DUDH UTPADAK SANGH LTD Versus MANOJBHAI PRAVINBHAI MEHTA & ORS. ================================================================ Appearance: MR PS GOGIA(2751) for the Petitioner(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 & 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 p. 2 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 p. 3 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