JUDGMENT : A.S. SUPEHIA, J. 1. On 06.01.2022, this Court had passed the following order:- "Though served, the respondents have chosen not to appear. As a last chance, the matter is adjourned to 24.01.2022." 2. Today, also no one has entered appearance on behalf of the respondents. 3. The present writ petition has been filed, inter alia, for the following prayer:- "17(B) Your Lordships may be pleased to issue appropriate wit, order or direction to transfer the reference being Reference (CGITA) No. 48/2004 pending before the Ld. Central Government Industrial Tribunal cum Labour Court at Ahmedabad to the State Industrial Tribunal Ahmedabad and further be pleased to direct the State Industrial Tribunal at Ahmedabad to decide the Reference (CGITA) No. 48/2004 within stipulated period of time." 4. The brief facts of the case are as under:- 4.1. The Petitioner has joined the service of ONGC, Ahmedabad Asset i.e. Respondent No. 2 in the year 1995 as Winch Operator. The Petitioner has been appointed as Winch Operator through Contractor to perform the work of Winch Operator for the Respondent No. 2 and he is continuing as such through different Contractors for span of 26 years. 4.2. A dispute arose between 257 employees including the petitioner for regularization under Section 10 of the Industrial Disputes Tribunal Act, 1947 (for short "the ID Act"). 4.3. The dispute was referred by the appropriate authority to the then Labour Court Central as being Reference (ITC) No. 11 of 1997. 4.4. The said reference was transferred to the Central Government Industrial Tribunal Cum Labour Court, Ahmedabad and was renumbered as being Reference (CGITA) No. 48 of 2004. 4.5. During the pendency of the Reference, the Respondents have initiated a recruitment process for the post of Winch Operator through Advertisement No. 01/2019 (R & P), wherein the contractual employees were kept out from the recruitment process. 4.6. As the contractual employees were kept outside from the recruitment process for Winch Operator, the present petitioner had approached the Tribunal on 09.04.2019 by filing an application below Exhibit 257 under Section 10(4) of the ID Act praying for stay of the recruitment procedure till the final disposal of the reference. 4.7. 4.6. As the contractual employees were kept outside from the recruitment process for Winch Operator, the present petitioner had approached the Tribunal on 09.04.2019 by filing an application below Exhibit 257 under Section 10(4) of the ID Act praying for stay of the recruitment procedure till the final disposal of the reference. 4.7. The Central Government Industrial Tribunal, after going through the documentary evidences, passed an order dated 08.07.2019 by reserving one post for Junior Motor Vehicle Driver (Winch Operator) till the final disposal of the Reference and the same has not been challenged by the Respondent No. 1 and 2 till date. 4.8. The present petitioner had preferred Special Civil Application No. 21342 of 2019 direction directing the respondent nos. 1 and 2 for initiating recruitment process for one Junior Motor Vehicle Driver (Winch Operator) in connection with advertisement No. 1 of 2019 (R & P) inviting application from 31.01.2019 to 20.02.2019 for the petitioner also or alternatively to absorb the petitioner on the vacant post looking to the experience and educational qualification of the petitioner as required in the advertisement. 4.9. This Court on 05.12.2019 had disposed of the petition being Special Civil Application No. 21342 of 2019 observing that the petition is not entertained and the tribunal concerned is directed to decide Reference (CGITA) No. 48/2004 expeditiously but not later than three months from the date of the receipt of a copy of this order. 4.10. The petitioner has challenged the order passed by this Court in Special Civil Application No. 21342 of 2019 dated 05.12.2019 by preferring Letters Patent Appeal No. 181 of 2020, which was dismissed on 25.02.2020 as withdrawn, leaving it open for the appellant to take appropriate proceedings for redressal of his grievances. 5. Learned advocate Mr. 4.10. The petitioner has challenged the order passed by this Court in Special Civil Application No. 21342 of 2019 dated 05.12.2019 by preferring Letters Patent Appeal No. 181 of 2020, which was dismissed on 25.02.2020 as withdrawn, leaving it open for the appellant to take appropriate proceedings for redressal of his grievances. 5. Learned advocate Mr. Anantanand Singh appearing for the petitioner has submitted that even after passing of the order by this Court in Special Civil Application No. 21342 of 2019 at Annexure "A"; the office of the Presiding officer is vacant till today and more than 2 years has been passed since the office of the Presiding office is vacant at the Central Government Industrial Tribunal and hence, the Reference for regularization of the year 1997 of more than 257 employees is still pending and the speedy disposal of the same is not seen in the near future due to the non-availability of the Presiding officer to conduct the matter further. It is submitted that this situation of non-availability of the Presiding officer has delayed the final outcome of the Reference and thus, all the employees are deprived of their legitimate right of regularization in the Respondents institution in view of the regular service provided by all the employees. 6. Learned advocate Mr. Anantanand Singh for the petitioner has submitted that due to non adjudication of the Reference pending before the Central Government Industrial Tribunal (CGIT) the petitioner and all other employees are deprived of being regularized and moreover the pendency of the reference all the contractual employees are vulnerable in form of harassment made by the Respondent Authorities. 7. Learned advocate Mr. Anantanand Singh for the petitioner has submitted that after the order passed by the Central Government Industrial Tribunal on dated 08.07.2019 by reserving one post of Jr. Motor Vehicle Driver (Winch Operator); the respondent nos. 1 and 2 have started harassment by changing the designation in the Id card. 8. Learned advocate Mr. Anantanand Singh for the petitioner has submitted that this harassment in various forms by the Respondent Nos. Motor Vehicle Driver (Winch Operator); the respondent nos. 1 and 2 have started harassment by changing the designation in the Id card. 8. Learned advocate Mr. Anantanand Singh for the petitioner has submitted that this harassment in various forms by the Respondent Nos. 1 and 2 has compelled the present petitioner to approach this Court as the post of Presiding officer is vacant since last 2 years and the probability of any new appointment in near future is seen difficult and also with a view that the Reference of regularization filed by more than 257 contractual employees is of the year 1997 is required speedy disposal. 9. In support of his submissions, learned advocate Mr. Anantanand Singh has placed reliance on the provisions of Section 33B of the ID Act and also on the order dated 17.01.2008 passed in Misc. Civil Application (for extension of time) No. 767 of 2007 in Special Civil Application No. 12267 of 2006. 10. As noted hereinabove, the respondents have chosen not to appear before this Court. 11. The petitioner is seeking transfer of the proceedings of the Reference (CGITA) No. 48/2004 pending before the CGIT to the State Industrial Tribunal, Ahmedabad. Reliance is also placed on the provisions of Section 33B of the ID Act. The same reads as under:- "33B. Power to transfer certain proceedings.- (1) The appropriate Government may, by order in writing and for reasons to be stated therein, withdraw any proceeding under this Act pending before a Labour Court, Tribunal or National Tribunal and transfer the same to another Labour Court, Tribunal or National Tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, Tribunal or National Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred: Provided that where a proceeding under section 33 or section 33A is pending before a Tribunal or National Tribunal, the proceeding may also be transferred to a Labour Court. (2) Without prejudice to the provisions of sub-section (1), any Tribunal or National Tribunal, if so authorized by the appropriate Government, may transfer any proceeding under section 33 or section 33A pending before it to any one of the Labour Courts specified for the disposal of such proceedings by the appropriate Government by notification in the official Gazette and the Labour Court to which the proceeding is so transferred shall dispose of the same." 12. It is not disputed that the CGIT, Ahmedabad is not functioning regularly and there is vacant post. As noticed hereinabove, the petitioner is highly prejudiced by the action of the respondent no. 1, which has constrained him to approach this Court also by filing the writ petition, however, the same was entertained in view of the pendency of the reference, which is of the year 1997. 13. The transfer of the proceedings, while exercising of powers under Section 33B of the ID Act from the Labour Court or a National Tribunal to another Labour Court or a National Tribunal, is well established by law and statutes also provides the same. The Coordinate Bench of this Court in the aforesaid order dated 17.01.2008 has in fact recorded the notification issued by the Ministry of Labour and Employment Department while exercising powers under Section 33B of the ID Act transferring the proceedings. It appears that, the aforesaid notification was issued pursuant to the directions issued in Special Civil Application No. 12276 of 2006. 14. In wake of the aforesaid undisputed fact, the appropriate Government i.e. the respondent no. 3 is directed to pass appropriate notification under Section 33B of the ID Act transferring Reference (CGITA) No. 48/2004 pending before the CGIT, Ahmedabad to the State Industrial Tribunal, Ahmedabad. 15. The writ petition is allowed. The said notification shall be passed within a period of six weeks from the date of receipt of the writ of this order.