Dyeing, Bleaching and Finishing Workers Union v. STATE
1999-05-12
J.R.VORA, SHARAD D.DAVE
body1999
DigiLaw.ai
S. D. DAVE, J. ( 1 ) THESE orders shall govern the disposal of these 7 proceedings i. e. three main Petitions and four Civil Applications taken out thereunder. They present common questions to be deliberated upon and to be decided by us after hearing the learned counsels for the parties and after having the perusal of the reports being presented by the committee headed by Senior Counsel Shri Haroobhai Mehta. Special Civil Application No. 4694 of 1995 : ( 2 ) THIS petition has been taken out by the petitioner known as the Dyeing, Bleaching and Finishing Workers Union at Surat. Initially, the State of Gujarat, the GPCB, the Chief inspector, Factories, the Chief Inspector, Boilers, the Collector, Central Excise and customs, the Surat Municipal Corporation and the GIDC were the party respondents. Anyhow, under the orders dated September 4, 1995, the industrial units situated in and around Surat came to be impleaded as respondents No. 8 to 280. ( 3 ) IN this petition, the petitioner union seeks appropriate directions against the GPCB calling upon them to investigate into the large "scale-storm-drainage-water pollution" and the damage done in the environment by the industrial units popularly known as Dyeing or processing Houses. The petitioner prays for the appropriate direction to the GPCB, to submit the report on the existing situation and also prays for the issuance of the necessary directions to all the concerned authorities and to the industrial units, to take effective measures for containing and controlling the pollution. ( 4 ) THE petitioner also prays for certain reliefs under the Labour Legislation. ( 5 ) ONE Mr. A. F. Pathan, Regional Manager of the GIDC, Surat, has filed the affidavit-in-reply pointing out that there are two industrial estates known as Pandesara industrial Estate and Sachin Industrial Estate. According to the say of Mr. Pathan in his affidavit-in-reply, there were about 567 industrial units situated at Pandesara Industrial estate. According to him, 23 units were found to be closed but the remaining units would include 75 chemical units, 91 processing houses and 228 power loom units. According to mr. Pathan, there were about 113 industrial units situated at Sachin Industrial Estate. Out of these, 35 units happen to be the chemical units, three units were found to be closed while three other were under the process of construction. According to Mr.
According to mr. Pathan, there were about 113 industrial units situated at Sachin Industrial Estate. Out of these, 35 units happen to be the chemical units, three units were found to be closed while three other were under the process of construction. According to Mr. Pathan, there were many other units operating at Bhestan, Udhna and Surat City, but exact particulars in their respect, were not available with him. Special Civil Application No. 2192 of 1996: ( 6 ) THESE proceedings have been initiated by Chowpaty Swimming Club and four other petitioners against the State of Gujarat, the Surat Municipal Corporation, the GPCB and the Collector, Surat. On a later juncture, the Pandesara Industrial Association came to be impleaded as the respondent No. 7. The proceedings are in the arena of Public Interest litigation. According to the petitioners, the storm water drainage near Navyug College, came to be connected with the drainage pipelines of all the societies situated in and nearby areas. As a result of this, a large quantity of refuse and sewerage discharge of all such societies flows from the storm water drainage for which the outlets are provided near borwada Yusuf Bridge and near Adajan Sardar Bridge. According to the petitioners, the sewerage water of Ramnagar, Jahangirabad and entire Rander Kasba area go to Timbla khadim, Payakvad Khadi and one other Khadi situated near Mandvi Ovara School. Ultimately, this untreated sewerage discharge of all of the khadies flow in the river Tapi. According to the petitioners, this would pollute the water of the river Tapi to a very great extent. Anyhow, according to them, the matter does not rest here, because during the tide in the Sea, the sea water reaching a high tidal level would enter in the river, which would obstruct the river flow resulting into a level rise to the river water. Therefore, during the tides, according to the petitioners, the river water which gets polluted in the aforesaid manner, would reach upto Varachha Water Works and, therefore, the entire supply of the potable water gets contaminated. According to the petitioners, various representations came to be made by them but no effective measures have been taken either by the Surat municipal Corporation or by the GPCB. The petitioners, therefore, have prayed for the appropriate writ or direction to the respondents for controlling and ultimately stopping the pollution of the water in the river Tapi.
According to the petitioners, various representations came to be made by them but no effective measures have been taken either by the Surat municipal Corporation or by the GPCB. The petitioners, therefore, have prayed for the appropriate writ or direction to the respondents for controlling and ultimately stopping the pollution of the water in the river Tapi. They also seek appropriate orders cum directions, directing the respondents for the immediate stoppage of the flowing of the sewerage effluent in the river Tapi. They also seek for the necessary directions to the concerned respondents for commencement and carrying on the activity of cleaning the river Tapi. Special Civil Application No. 3844 of 1997 : ( 7 ) THESE proceedings are suo motu in nature and have been registered with a view to pronounce the requisite orders for effective containing of the pollution being caused by hundreds of Industrial Units situated in and around Surat, Sachin and Pandesara. It was pointed out to the Court that now Pandesara Green Environment and Water Welfare co-operative Society Limited has come into existence at Pandesara. A public notice came to be issued under the orders of this Court in the dailies of June 01, 1997, calling upon, all the industrial units situated at Pandesara, Sachin, Bhestan, Udhana and Ashwinkumar road, and also within the walled city of Surat, calling upon them to have the strict adherence to the GPCB norms. The public notice also calls upon these industrial units to have effective remedial measures to contain water and air pollution on or before June 30, 1997 and to intimate the GPCB accordingly. Later on, in view of the orders dated May 9, 1997, the GPCB had carried out ambient air monitoring at seven selected spots during the period from May 13, 1997 to May 29, 1997, and ultimately, the reports in this respect came to be presented before this Court. ( 8 ) UNDER the orders dated April 29, 1997, a Committee to be headed by Shri haroobhai Mehta came to be appointed. After doing a lot of investigation and sight seeing, the Committee had presented the interim report. Ultimately, ths final report in this respect has also been presented by the Committee. During the deliberations on the reports, various measures have been suggested by the Committee which have been discussed and deliberated by us in great detail.
After doing a lot of investigation and sight seeing, the Committee had presented the interim report. Ultimately, ths final report in this respect has also been presented by the Committee. During the deliberations on the reports, various measures have been suggested by the Committee which have been discussed and deliberated by us in great detail. ( 9 ) ON the basis of the material, which was made available to the Court in these proceedings, various criminal cases came to be filed by the GPCB against the pointing units. ( 10 ) IT is in these proceedings that the Committee came to be appointed on whose report we shall have to concentrate, while issuing the requisite orders and directions. We should point out that the Committee also has presented a document under the caption "suggested directions. " special Civil Application No. 12372 of 1998 in Spl. C. A. No. 1986 of 1998 and in Spl. C. A. No. 2192 of 1996: ( 11 ) THIS C. A. has been taken out by the petitioner Sachin Infra Environment limited, situated at GIDC, Sachin, Surat. The State of Gujarat, the GIDC and the GPCB are the party respondents. The prayer sought by the applicant in this C. A. is for the issuance of appropriate directions to the State directing them not to take any action upon the report of the GPCB on the ground of the bye- pass of the effluent by the member units of the applicant. Directions are also sought directing the GPCB and the State of Gujarat in the appropriate Department to treat the member units of the applicant company on par with the Sachin Chemical Units and to give them the CETP inlet norms. Civil Application No. 10351 of 1998 in Spl. C. A. No. 1986 of 1998 and in Spl. C. A. No. 2192 of 1996. ( 12 ) THIS C. A. has been taken out by the applicant GPCB through their authorised signatory against the respondents Sachin Infra Environment Limited, Sachin, GIDC estate, the GIDC having the Regional Office at Surat and the State of Gujarat. The prayer is for the vacation and/or appropriate modification of the orders passed in C. A. No. 1986 of 1998 permitting the applicant Board to take action against the defaulting units of the members of the respondent No. 1 company. Civil Application No. 1986 of 1998 in Spl.
The prayer is for the vacation and/or appropriate modification of the orders passed in C. A. No. 1986 of 1998 permitting the applicant Board to take action against the defaulting units of the members of the respondent No. 1 company. Civil Application No. 1986 of 1998 in Spl. C. A. No. 2192 of 1996: ( 13 ) THE applicant in this Civil Application happens to be Sachin Infra Environment limited, a company of industries, being Textile Units, situated GIDC Estate, Sachin. The state of Gujarat, the GIDC and the GPCB have been impleaded as the respondents. The applicant says that they are a company of Textile Processors and that appropriate directions should be issued to the GIDC for the decision of the application of the applicant for allotment of the land of the construction of the common effluent treatment plant CETP. Civil Application No. 5981 of 1997 in Spl. C. A. No. 3844 of 1997: ( 14 ) THE applicant in this Civil Application happens to be Sachin Pollution Control and Welfare Cooperative Society Limited, situated at GIDC, Sachin. The State of Gujarat, the GPCB and the GIDC happen to be the party respondents. The principal prayer is for the modification of the orders dated 9th May, 1997 by extending the time to the member units of the proposed CETP for achieving the prescribed norms as per the GPCB. The directions are also sought against the GIDC for the allotment of about 20,000 sq. meters of land from the acquired area for the purpose of the installation of the CETP within a reasonable time frame. In the alternative, the applicant prays for the appropriate direction to the GIDC to permit the applicant to utilise the land "meant for the public purpose area" for the installation of CETP. The directions are also sought against the GIDC to expedite the work for installation and commissioning of the disposal line from the Sachin industrial Estate to Estuary within a time frame. ( 15 ) ALL these proceedings have been heard together from time to time. On the basis of the reports which came to be submitted by the GPCB, the GIDC and the Association, a large number of industries numbering more than 300, came to be brought before this court. The proceedings against them came to be registered separately.
( 15 ) ALL these proceedings have been heard together from time to time. On the basis of the reports which came to be submitted by the GPCB, the GIDC and the Association, a large number of industries numbering more than 300, came to be brought before this court. The proceedings against them came to be registered separately. Slowly and gradually, these industrial units were found to be behaving and meeting with the prescribed norms. The industries which were directed to have remedial measures to contain air and water pollution and to improve upon the management of the hazardous waste, were found to be complying with these directions, the GPCB was being called upon to have the periodical inspection and to submit the visit reports along with the analysis reports. Upon the satisfaction regarding the working of these industrial units, they were firstly permitted to go on with trial production. During the trial production also, their functioning was being monitored by the GPCB and the inspection reports and analysis reports came to be presented by them. Later on being satisfied with the steady progress and their meeting with the prescribed norms, the industrial units were permitted to go on commercial production. During the lengthy time gap of commercial production also, the working of these industries came to be monitored by the GPCB. Ultimately, upon reaching the judicial satisfaction that these industries have now improved upon their working and they are behaving in a manner, which is satisfactory to the GPCB and GIDC also, they were permitted to go out of the Court by disposing of the proceedings against them. Thus, it appears that the industries units which came to be brought before this Court under these proceedings are now under the monitoring and the supervision of the GPCB. ( 16 ) THEREFORE, what is required to be done now is to give appropriate directions to all concerned. For doing this, we have concentrated upon the reports which have been presented by the Committee headed by Senior Counsel Shri Haroobhai Mehta and the "suggested directions" which came to be presented by them. Each of the suggestions of the Committee, came to be deliberated upon in detail and all what we are going to say hereinafter is based upon the broad consensus which has emerged after due deliberations on all the aspects of the matter.
Each of the suggestions of the Committee, came to be deliberated upon in detail and all what we are going to say hereinafter is based upon the broad consensus which has emerged after due deliberations on all the aspects of the matter. We would, therefore like to dispose of these proceedings by issuing the following orders/instructions/directions. ( 17 ) THOUGH the scope of these petitions have been widened with a view to contain pollution coming from every direction, sofar as the industrial effluent is concerned, the aspect appears to have been taken care of in a proper manner. This becomes clear from the affidavit filed by one Mr. Mistry, Executive Engineer, GIDC, Surat on 30th January, 1999. This affidavit-in-reply gives a encouraging picture regarding the progress made by the Sachin Industries both Chemicals and Textiles. Sofar as Chemical Industries are concerned, Sachin Pollution Control and Welfare Cooperative Society Limited has come into existence. The requisite land admeasuring about 25000 sq. meters has been allotted to the above said society for the establishment of the common effluent treatment plant for chemical industries. The construction of the plant is under progress. The necessary pipeline has been installed. It is made clear that, all the units of this society, engaged in the manufacture of chemical products have been assured of the drainage connection provided they get the GPCB consent. ( 18 ) SOFAR as the Textile Units situated at Sachin GIDC Estate are concerned, it is not in dispute that Sachin Infra and Environment Limited, the company has been incorporated for the purpose of the establishment of the CETP. This company has been allotted the land admeasuring about 65000 sq. meters long back in January 1999 and the above said company has paid the amount of Rs. 21,93,750. 00 to the GIDC. The said company has been put in actual physical possession of the land in question. The design of the CETP nas been approved by the NEERI at Nagpur. ( 19 ) THUS, it appears that sofar as the industrial units, both Chemical and Textile are concerned, satisfactory progress has been made for the establishment of the CETP.
The said company has been put in actual physical possession of the land in question. The design of the CETP nas been approved by the NEERI at Nagpur. ( 19 ) THUS, it appears that sofar as the industrial units, both Chemical and Textile are concerned, satisfactory progress has been made for the establishment of the CETP. ( 20 ) SOFAR as the Pandesara Industries are concerned, it is not in dispute that the negotiations are on for the establishment of the CETP at Borwad which is proposed to be set up in collaboration with the Pandesara Industries and Surat Municipal corporation. Detail directions are being given in this respect by us hereinafter. . ( 21 ) DISCONNECTION of Illegal Drainage and Outlets : (I) (i) The Surat Municipal Corporation (SMC) shall disconnect illegal Drainage connections within a period of six months hereof. (ii) The SMC shall disconnect outlets (said to be 13 to 17 iq number) discharging suez effluent of the City in the River Tapi through storm water pipes or otherwise, within a period of six months hereof. (iii) Directions No. 1 and 2 hereinabove should be treated as continuous and on going process to be carried on by the SMC. (iv) The SMC shall submit a Progress Report qua Directions No. 1 and 2 just after a period of 3 months hereof and shall submit a full and complete compliance Report within a period of six months hereof. (v) The said Reports shall be submitted to this Court but copies thereof shall simultaneously be presented to the GPCB to be sent under RPAD communication addressed to the Member Secretary thereof. ( 22 ) MONITORING of Ambient Air Quality : (II) (i) The SMC with the Assistance of the GPCB shall have a constant monitoring of the Ambient Air Quality. A regular system or methodology shall be worked out by the SMC and the GPCB under which a systematic study of the ambient Air Quality could be continued as an ongoing and continuous process and adequate remedial and curative measures to contain Air Pollution can be ensured. (ii) The period of days in each month and the representative spots from where the air Samples are to be collected shall be decided and ascertained by the SMC and GPCB. Both the SMC and the GPCB officials shall sit together to work out the abovesaid as early as possible.
(ii) The period of days in each month and the representative spots from where the air Samples are to be collected shall be decided and ascertained by the SMC and GPCB. Both the SMC and the GPCB officials shall sit together to work out the abovesaid as early as possible. (iii) The SMC shall send a Quarterly Report indicating the results obtained under this excercise along with the curative and/or remedial measures taken by the smc in this respect, to the Ministry of Forest and Environment, State of gujarat, through the Secretary of the said Ministry. It shall be open for the said Ministry to give appropriate directions to the SMC in consultation with them and the GPCB and that the SMC shall comply the said directions. ( 23 ) AUTOMOBILE Emission : (III) the SMC, the GPCB, the Police in general and the Traffic Police in special, and all others concerned shall act as per our orders and directions in Suo Motu vs. Secretary, home Department, 1999 (1) GLR 677 . ( 24 ) SEWERAGE Collection : (TV) smc shall take effective steps for ensuring proper efficient and need based sewerage collection System both at Garbage Collection Centre as well as at the house level. ( 25 ) SANITATION Facilities in the Houses and the Slums : (V) smc had entrusted the study to NEERI and by now six Reports have been obtained. The Reports have found favour with SMC and they are in the process of implementing all the possible recommendations on a due priority basis. The SMC is hopeful to accomplish the desired results. We direct the SMC to ensure the best possible results by acting as per neeri Reports. ( 26 ) SOLID Waste Management : (VI) surat Enviro Protection Ltd. has been incorporated for the effective management of an estimated quantity of 200340 Mts of hazardous waste per annum from the Industrial units situated at Pandesara, Sachin, Palsana, Katodara and City of Surat. ( 27 ) NATIONAL Productivity Council, Gandhinagar has been entrusted with the work of preparing a detailed Project Report. NPC has presented the Interim Report. These industrial Units and the SEP Ltd. are directed to complete the Project as early as possible.
( 27 ) NATIONAL Productivity Council, Gandhinagar has been entrusted with the work of preparing a detailed Project Report. NPC has presented the Interim Report. These industrial Units and the SEP Ltd. are directed to complete the Project as early as possible. Meanwhile, these Industrial Units are as at present permitted to continue the existing mechanism of placing the waste in their own premises subject to the authorisation under the Hazardous Wastes (Management and Handling) Rules, 1989. ( 28 ) CETP - Time Frame : (VII) (i) Time frame for installation of CETP for the Chemical Units (who are the members of Sachin CETP) shall be September 1999. It shall be commissioned after a period of three months thereof. (ii) The Textile Units as Sachin shall install the CETP by December 1999. It shall be commissioned after a period of three months thereof. (iii) SMC and Pandesara Industrial Association are in the process of signing the mou, under the SMC shall be receiving the treated effluent of the association only for the purpose of conveying the same to the Sewerage treatment Plant to be set up by the SMC. It is being reported to us that the draft Mou covering the above said aspect is ready and is under consideration. We would like the SMC and the Association to sign the Mou as early as possible but within a period of eight weeks hereof. SMC shall thereafter place the authenticated copy of the same on the record of these proceedings. (iv) Technical Study in this respect has been done by NEERI. SMC, after the signing of the Mou, shall present a detailed Project Proposal, inter alia including the time frame for the completion of the Project and the sharing of the financial burden. (v) SMC and the Association shall have to operate, manage and maintain the project jointly. ( 29 ) NOC and Consent : (VIII) the Industrial Units situated at Pandesara shall have to obtain the consent/s from the gpcb for which the NOC, limited only for the purpose of obtaining drainage connections shall be granted by SMC. The Consent Applications shall be routed through the association for ensuring organisational checks by offering their remarks and follow up. GIDC shall help the Industrial Units in getting Drainage Connections.
The Consent Applications shall be routed through the association for ensuring organisational checks by offering their remarks and follow up. GIDC shall help the Industrial Units in getting Drainage Connections. ( 30 ) SIMPLIFICATION/unification of the Processes : (IX) for obtaining simplification and unification of the processes for obtaining consents under the Water Act 1974, the Air Act, and the authorisations for the Solid Waste management under the Hazardous Wastes (Management and Handling) Rules, 1989, it is agreed that the applications for all the three shall be accepted by the GPCB at their regional Office at Surat which may ultimately be processed and decided at the Head office at Gandhinagar. ( 31 ) SWITCHING over to Gas Fuel : (X) (i) The Committee has recommended that initially about 36 Industrial Units situated in the limits of the Walled City of Surat should be directed to switch over to the use of Natural Gas as a fuel from the existing fuel/energy sources like Coal, Coke and lignite. The Committee suggests that slowly and gradually other Industrial Units should be required or directed to have a similar switch over. (ii) We have noticed that the Natural Gas coming to Hazira in the State of gujarat is produced by ONGC for their South Bassein Field in the High Seas, and is being transported through under water 230 Kms. long pipelines. Natural Gas produced from Bombay High which is beyond South Bassein field, in the High Seas, is transported to a shore terminal at Uran within the state of Maharashtra. The Natural Gas on arriving at Hazira, after the requisite processing, is handed over to GAIL as per the price to be fixed by the Government of India. But again GAIL is only a marketing body without the power to allocate the supply of Natural Gas. The allocation rests with Gas linkage Committee (GIL) appointed by the Government of India. The GILs decisions for allocations are implemented by GAIL. (iii) We have been told that the allocation of Natural Gas in South Gujarat far exceeds the availability thereof. The price of the Natural Gas to be marketed to consumers is again to be decided by a high level Committee called Gas pricing Committing (GPC) to be appointed by the Government of India. The kelkor Committee Report on price is now under review by a newly constituted Committee called Shekher Committee.
The price of the Natural Gas to be marketed to consumers is again to be decided by a high level Committee called Gas pricing Committing (GPC) to be appointed by the Government of India. The kelkor Committee Report on price is now under review by a newly constituted Committee called Shekher Committee. (iv) Moreover so far as walled city of Surat is concerned GAIL does not market the Natural Gas but sells to Guj. Gas Company now owned by a British multinational. (v) Lastly looking to the declining trend in the availability of Natural Gas, government of India is considering the usage of alternative fuel including liquefied Natural Gas to be imported and converted into Gas. (vi) Looking to this complex phenomena involving many agencies, and containing many ifs and buts which would require resolution at the hands of more than one agency, under the expert advice of many, we feel that instead of issuing any directions in the matter at this juncture, the decision of these interrelated issues should be best left to be decided by an appropriately constituted body. (vii) We would therefore request the Ministry of Petroleum and Natural Gas, government of India to formulate a Committee to inquire into the question of the feasibility of the suggested switching over to the use of the Natural gas/gas by the Industrial units situated in the limits of the Walled city at the first juncture and thereafter for the others, out of the said limits, in phase, (viii) The Committee, to be so constituted should advisedly be comprising the representatives of the State of Gujarat, the GPCB, the Industry and the labour. We would desire the Committee to be specific regarding the possibility of the continuous required supply of the Natural Gas/gas and the price structure thereof. (ix) We would like the Report of the Committee to be placed before this Court through the Registry which then shall be registered as a suo motu petition, on which appropriate orders could be passed, including the switching over or not to Natural Gas/gas by the Industries after affording a reasonable opportunity of being heard, inter alia, to the State, the GPCB, the GIDC, the industries likely to be affected by the Orders and the labour.
(x) All what we have said herein above under this Part is without prejudice to the rights and contentions of the aforementioned Agencies, the Government of india, the State, GPCB, GIDC and labour etc. , in all sphere including the advisability and feasibility of such switching over and the price structure. ( 32 ) MEDICAL Facilities : (XI) (i) The Committee Report recommends the setting up of a Hospital with an up-to-date infrastructural, diagnostic, treatmental, preventive and curative facilities by the South Gujarat Chamber of Commerce. It is being pointed out that Pandesara Green Environment and Water Welfare Co-operative Society limited have undertaken to establish and conduct Public Welfare Centre. (ii) We would wish that the Commissioner, SMC, the District Collector, Surat, the representatives of the Industry and the Labour should endeavour to establish a Trust, having a nucleus fund for the establishment and conducting of a well equipped Hospital either at or around Surat. ( 33 ) CO-ORDINATION Committee : (XII) (i) The Committee Report recommends the establishment of a Body, assuming the supervisory or monitoring role, for the effective implementation of the orders/directions/recommendations issued or made by us hereinabove. We are afraid this cannot be done or else we would be ordering something, which may land out of the framework of the statutory provisions governing the field. (ii) We therefore of the opinion that SMC may constitute on Advisory committee giving representation to the State, the GPCB, the GIDC the industry, the Labour and the Citizens, the Chairman being the Commissioner of SMC. (iii) The Committee shall act only as a deliberating and advising body whose ultimate advice could be placed before the State and the GPCB for doing the needful. ( 34 ) INTERIM Arrangements : (XIII) till the CETPs are constructed and duly commissioned as said above, the Industrial units, which are discharging their trade effluent, are permitted to discharge their trade effluent as they are doing at present. We say so because some of the units are discharging their trade effluent after the primary treatment while some of them have installed the secondary facilities also and some of them are incinerating the trade effluent also. ( 35 ) THERE has been an objection coming from the GPCB qua this part of our orders saying that we shall have to see what this Court has said in Pravinbhai J. Patel vs. State of gujarat and Ors.
( 35 ) THERE has been an objection coming from the GPCB qua this part of our orders saying that we shall have to see what this Court has said in Pravinbhai J. Patel vs. State of gujarat and Ors. , 36 (2) GLR 1210 and especially at Paragraph 135 A. I B (i ). But, upon a careful consideration of the say of this Court in the above referred paragraph, we are of the opinion that when these Industrial Units are permitted to discharge their effluent upto the date under the interim orders, the same arrangement shall have to be continued till the cetps are constructed and duly commissioned. We have said that they should be permitted to discharge the trade effluent till the CEPTs as said above are constructed and duly commissioned because as indicated by us and made clear some of them have got the secondary treatment and incineration facilities also. ( 36 ) QUESTIONS left undecided : (XIV) learned counsel Mr. Singhi for certain Industries and the Association thereof urges that when the member units had purchased the plots from the GIDC, the price paid by them qua each of the plots had included the price to be paid for the land for the establishment of CETPs and that therefore there would be the reduction in the cost which the Industries would be required to pay for the establishment of the CETPs. This question is not being decided in these proceedings at this juncture and is kept open to be adjudicated later on when the occasion arises. ( 37 ) IN Spl. C. A. No. 4694 of 1995 we have noticed that the petitioner workers union is claiming certain reliefs which could be granted under the Labour Legislation. For want of the necessary parties in this respect, it could be appreciated by learned counsel Mr. Clerk, who appears for the petitioner in the above said petition that the said relief could not be granted in the present proceedings. We, therefore, say that it shall be open for the petitioner to seek such relief in future by taking out appropriate proceedings before the appropriate forum including this Court. ( 38 ) ORDER : present proceedings stand disposed of with these orders. Notice or the Rule as the case may be in each of the matters shall stand discharged with no orders as to costs.
( 38 ) ORDER : present proceedings stand disposed of with these orders. Notice or the Rule as the case may be in each of the matters shall stand discharged with no orders as to costs. ( 39 ) BOTH the GIDC and the GPCB shall have to monitor the entire functioning as stated above and to take appropriate actions in case of any breach but as per the statutory powers and obligations. ( 40 ) LIBERTY is reserved for any of the parties to approach this Court by taking out appropriate proceedings for appropriate orders/directions if the circumstances in future so demand. .