VIRAMGAM TEXTILE MILLS Vs. TEXTILE LABOUR UNION

JUDGEMENT

(1.) By way of present petitions, the petitioner has inter alia prayed for quashing and setting aside the order passed below Review Application as well as the impugned judgment and award at Annexures-A and A-1 to the petitions respectively.

(2.) The facts of the case in brief are that the respondent-Union issued a notice of change in Form L to the petitioner-Mill desiring that the employees of Engineering-Mechanical Department who are working on weekly holidays, Festival Holidays and paid holidays should be paid double wages and allowances. The Industrial Court passed the impugned award allowing the Reference of the respondent-Union. The petitioner-Mill preferred Review Application, which ultimately came to be dismissed. Hence, present petition.

(3.) Mr.Devang Nanavati, learned counsel appearing for Nanavati & Nanavati Advocates for the petitioner, has submitted that the circumstances prevailing in the Textile Industries at Ahmedabad in the year 1986 were totally different from present circumstances; that the Industrial Court ought to have appreciated that the respondent-Union did not produce any other documentary evidence or any oral evidence in support of their contentions. Further, it is argued that the employees are adequately compensated in lieu of any increase or decrease in holidays. It is submitted that the petitioner-Mill has already been closed and the attention of the Industrial Court was drawn towards closure of Mill and pendency of its Reference before the Board for Sick Court and Financial Reconstruction by way of Review Application. However, the same has not been considered by the Industrial Court. In support of his contentions, Mr.Devang Nanavati has relied upon the decision of this Court in the case of Abad Dairy v. Manjibhai Dhanjibhai, reported in 2000(3) GLH 409, wherein this Court has in a group of matters arising out of the very subject, held that no employer whose unit has been declared sick and is under the Sick Industrial and Financial Reconstruction can be directed to regularize, substitute or casuals and pay them back wages.