BPL REFRIGERATORS REP Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) IN this writ petition the petitioner - BPL Refrigerators have prayed for a writ in the nature of certiorari to quash the order dated 24. 02. 2003 passed by the first respondent - Deputy Labour commissioner issuing recovery certificate under Section 33-C (1) of the Industrial Disputes Act (for short 'the Act' ).

(2.) PETITIONER is an industry engaged in the manufacture of Refrigerators and other electronic products. Respondents 2 to 19 (1) are workmen in the petitioner industry. In the month of July 1998 the workers submitted a list of charter of demands. Since the charter of demands were not met, the workers went on strike from 19. 11. 1998. Finally on 14. 04. 1999 the strike was called off. But the issues like termination of some workmen, strike, charter of demands etc. , were referred for adjudication to Industrial Tribunal at Bangalore and the same came to be registered in i. D. No. 18/1999 and the following issues are framed:

(3.) DURING the pendency of I. D. No. 18/1999, the petitioner management dismissed 35 workers including respondents 2 to 19 (1) during the months of May and June 1999. Thereafter the petitioner management filed application under Section 33 (2) (b) of the Act before the Labour court in LD. No. 18/1999 seeking approval of dismissal of workmen and the same came to by dismissed vide order dated 14. 10. 1999 and 25. 10. 1999. In the meanwhile the Government referred the dispute relating to dismissal of workmen for adjudication to Labour Court vide order dated 12. 10. 1999 under Section 10 (1) (c) and (d) of the Act When the matter stood at that stage, the respondent workers' Union filed an application for recovery certificate under Section 33-C (1)of the Act The first respondent - Deputy Labour Commissioner after hearing both the parties passed the impugned order on 24. 02. 2003 issuing recovery certificate. Hence this writ petition.