GO GO EXPORTS PVT. LTD. REPRESENTED BY ITS DIRECTOR MR. RAJEEV GOENKA Vs. GOVERNMENT OF KARNATAKA, DEPARTMENT OF LABOUR, REPRESENTED BY PRINCIPAL SECRETARY - LABOUR, GO GO EXPORTS PVT LTD., EMPLOYEES UNION REPRESENTED BY ITS PRESIDENT MR. M. SID

JUDGEMENT

(1.) THE Petitioner, a private Ltd., Co., was engaged in processing of fabric in its industrial undertaking situated at Bisavanahalli village besides Anandanavana, Doddaballapur Taluk, Bangalore Rural District. According to the Petitioner, it had employed 108 workmen, who are the members of the 2nd Respondent - employees' union. The Petitioner transferred its undertaking by executing a sale deed in favour of the 3rd Respondent on 24.3.2008. The Petitioner contends that, upon transfer of the undertaking, services of all the 108 workmen who were on its rolls came to be terminated under S. 25 -FF of Industrial Disputes Act, 1947 ('the Act' for short). According to the Petitioner, individual notices were sent to the workmen, intimating that, their services stood terminated by virtue of transfer of undertaking and the simultaneous payment of retrenchment compensation.

(2.) THE 2nd Respondent raised an industrial dispute in IDA/SR/28/2008. The Petitioner filed statement of objections dated 2.6.2008 contending that, termination of workmen was a result of transfer of the undertaking and would not in law or fact amount to closure. The proceedings before the Conciliation Authority failed. An order dated 19.9.2009, copy of which is as at Annexure -D was passed and the dispute was referred to the Additional Labour Court, Bangalore. The Petitioner was called upon to justify the closure of the establishment and consequent refusal of work to 133 workmen with effect from 24.3.2008. The Petitioner contends that, it did not close its factory and did not refuse employment to its workmen. All the 108 workers have returned the retrenchment compensation cheques to the Petitioner. This writ petition is directed against the order of reference as at Annexure -D passed by the 1st Respondent.

(3.) IN justification of the order of reference, statement of objections has been filed on behalf of the 1st Respondent.