ENGINEERING KAMGAR UNION Vs. ELECTRO STEELS CASTINGS LIMITED

JUDGEMENT

(1.) The question of application of Clause (2) of Article 254 of the Constitution of India is involved in this appeal which arises out of the judgment and order dated 14-10-1999 passed by the High Court of Allahabad dismissing the writ petition filed by the appellants herein and allowing the writ petitions filed by the respondent company herein.

(2.) The appellant herein is a Trade Union registered under the Indian Trade Unions Act, 1926. The first respondent herein is an industrial establishment carrying on business in Engineering Industry. It admittedly employed more than 100 persons in its factory at Ghaziabad. A notice was issued by it on or about 21-9-1998 declaring its intention to close down the said factory at Ghaziabad with effect from 23-9-1998 as a result whereof it was notified that services of 99 workmen would be terminated.

(3.) An industrial dispute was raised by the appellant herein on or about 23-9-1998 questioning the validity of the said notice raising a factual plea that more than 300 workmen are employed by the first respondent in its Ghaziabad establishment and, thus, the Industrial Disputes Act, 1947 (hereinafter referred to as "the Central Act") would be applicable. Pursuant to or in furtherance of the purported complaint made by the appellant herein, a notice was served by the Assistant Labour Commissioner upon the first respondent herein directing it to show cause as to why it should not be prose-cuted for contravention of the provisions contained in Section 25 of the Central Act. In its reply dated 3-10-1998, the first respondent raised a plea to the effect that as the number of employees in the said industrial undertaking was less than 300, no permission for closure of the industrial undertaking was required in view of Section 6-W read with Section 6-V of Uttar Pradesh Industrial Disputes Act, 1947 (hereinafter referred to as 'the State Act')