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2001 DIGILAW 387 (GUJ)

PEPSICO INDIA HOLDINGS PRIVATE LIMITED v. WORKERS REPRESENTED THROgujarat KAMGAR PANCHAYAT

2001-06-19

RAVI R.TRIPATHI

body2001
RAVI R. TRIPATHI, J. ( 1 ) ). THE present petition is filed by Pepsico India Holdings Pvt. Ltd. and Pepsi Cola India Marketing Co. Ltd.- petitioners, challenging the order dated 7th March, 2000 passed by the Industrial Tribunal below Exh. 33 (Exh. 43) in Reference (IT) No. 232/1998, whereby the documents produced with Exh. 33 at Serial Nos. 9, 10, 11, 12, 13, 15, 16 and 17 were ordered not to be taken on record and the application was rejected. ( 2 ) ). MR. Buch, learned Advocate appearing for the petitioner, submitted that the order below Exh. 33 was passed by the Honourable Industrial Tribunal mainly on the ground that the petitioners herein had objected to the application (Exh. 16) filed by the respondent-Union for impleading the workers of Clearing and Forwarding Agents as parties to the said Reference. ( 3 ) ). THE respondent-Union has filed Special Civil Application No. 12758 of 2000 challenging the order passed by the Industrial Tribunal dated 22/11/1999 below Exh. 16 in Reference (IT) No. 232/1998. The Union has also prayed for directing the Honourable Tribunal to implead Gujarat Cold Storage and Natvar Trading Company as parties to the Reference, being I. T. No. 232/1998. ( 4 ) ). AFTER hearing both the parties and taking into consideration the contents of both the petitions, both the petitions are allowed. The Honourable Industrial Tribunal is directed to implead Gujarat Cold Storage and Natvar Trading Company as parties to the Reference, being I. T. No. 232/1998. Similarly, the order passed below Exh. 33 (Exh. 43) in Reference (IT) No. 232/1998 is also quashed and set aside and the documents mentioned at Serial Nos. 9, 10, 11, 12, 13, 15, 16 and 17 in Exh. 33 are ordered to be exhibited. Rule is made absolute. .