NATIONAL TEXTILE CORPORATION APKK AND M LIMITED GULBARGA Vs. COMMISSIONER OF LABOUR GOVERNMENT OF KARNATAKA BANGALORE

JUDGEMENT

(1.) THE Management of the National Textile Corporation (APKK and M)Limited (for short, "the Management"), being aggrieved by the order of the learned Single Judge dated 5-12-2001 in Writ Petition No. 23665 of 2000 connected with Writ Petition No. 534 of 1999, has preferred these two writ appeals.

(2.) THE workmen made an application before the Commissioner of labour who is the delegate of the Government of Karnataka which is the 'appropriate Government' under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 (for short, "the Act") claiming lay-off compensation under the provisions of sub-sections (8) and (10) of Section 25-M read with Section 25-C of the Act. The application was opposed by the Management contending that the workmen were not laid off and, therefore, they are not entitled to the relief claimed in the application. Despite the above plea taken by the Management, the Commissioner proceeded to adjudicate upon the merits of the matter and granted the relief. That led to the Management preferring the writ petitions under article 226 of the Constitution before this Court. A learned Single Judge of this Court who heard the matter, upheld the order of the commissioner passed under sub-section (1) of Section 33-C of the Act. Hence, these writ appeals by the aggrieved Management.

(3.) WE have heard the learned Counsels for the parties and perused the order of the learned Single Judge.