SAHEBJADA M GUPTA Vs. MCNALLY SAYAJI ENGINEERING LTD

JUDGEMENT

(1.) By way of present petition, the petitioner has prayed to quash and set aside the impugned Award dated 16.05.1997 passed by the Labour Court, Vadodara in Complaint No. 36 of 1984 filed in pending Reference No. 36 of 1983 and 40 of 1983 rejecting the same and holding that the closure of the establishment of the company is legal, just and proper and complaint filed by the petitioner-employee is dismissed and directed the respondent-Company to deposit the closure compensation of the petitioner before the Labour Court.

(2.) The case of the petitioners is that the were regular employees of the respondent-Company. As the respondent-Company was trying to change and/or alter the conditions of services of the petitioners without due process of law, they raised demand for the salary, dearness allowance and other allowances of the respondent-company. The petitioners raised industrial dispute by way of Reference Demand No. 36 of 1983 and 40 of 1983 before the Labour Court, Vadodara. During the pendency of the above References, the respondent-Company was closed down at Gorva on 13.05.1984. Hence, the petitioners have filed Complaint Application No. 36 of 1984 before the Labour Court. The Labour Court rejected the claim of the petitioners for reinstatement with full backwages in the respondent-company. Hence, this petition.

(3.) Learned advocate for the petitioner submitted that as the petitioners were terminated from the service, they should be absorbed in the Unit No. I of the respondent-Company as other persons of the Unit No. II were absorbed in the Unit No. I of the respondent-Company. He further submitted that the closure of the unit No. II of the respondent-Company is without due process of law because before closure of the Unit, approval of the Government is not taken and the compensation is not given as per Section 25(FFF) of the Industrial Disputes Act, 1947.