The Gujarat High Court criticised the Gujarat government today for passing a notification against striking Larsen & Toubro (L&T) workers at Hazira in Surat district, terming it "appeasement" of the industrial house.
Justice Paresh Upadhyay also stayed the Gujarat government notification until the court decides the matter. "The notification endorses the government's intention to appease L&T under the mask of industrial peace," Justice Upadhyay said.
The Gujarat government had passed a notification on December 19, 2013, that the strike by L&T workers demanding a salary hike on December 16, 2013, was illegal. It was later challenged by the workers' union in the High Court.
Acting on the workers' petition, the High Court ordered that refusal of any interim protection in favour of the workers would create an irreversible situation for them.
Challenging the state government's act, the petitioner union had argued that, "The Gujarat government, while misusing its power, has acted in favour of the industrial house."
The court also pulled up the Gujarat government for concealing facts of notifications.
"This is certainly not without authority of law, but circumstances clearly demonstrate that the sole objective was to be on the side of the management, at whatever cost, even at the cost of concealment of material facts from this court," the court observed.
Giving relief to L&T workers, the High Court held that, "It is also recorded that refusal of any interim protection in favour of workers would create an irreversible situation for them."
"Further, refusal to exercise discretion by this court in such gross facts, to say the least, would amount to refusal to discharge the obligation cast upon this court," the HC said on March 21.
"During pendency of this petition, the further implementation, operation and effect of the notification of December 19 issued by the Gujarat government shall remain stayed," the court ordered.
