AHMEDABAD ADVANCE MILLS LTD Vs. TEXTILE LABOUR ASSOCIATION

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. S.I. Nanavati for Nanavati & Nanavati on behalf of applicant, learned advocate Mr. D.S. Vasavada for opponent No. 1 and Mr. Danial, learned Union Representative appearing on behalf of opponent No. 2 concerned employee.

(2.) This Court has passed an order on 21.12.2009, which is quoted as under:

(3.) Before considering merits of the matter, it is necessary to consider order passed by this Court in SCA No. 14632 of 2007. In SCA, petitioner has challenged the order passed by Industrial Court, Ahmedabad in Appeal (IC) No. 27 of 2006 against the order of Labour Court in Application No. 294 of 1996 dated 7.5.2007. The Industrial Court, Ahmedabad has allowed the appeal filed by respondent Union and judgment and order passed Labour Court on 10.4.2006 in BIR Application No. 294 of 1996 has been set aside. The Industrial Court has declared that there was a closure of the mills company from 23.5.1996 onwards and permission for closing down was not obtained from the appropriate Government. Therefore, said closure was declared illegal. The consequential benefits of holding of illegal closure shall be paid by mills company to the concerned employee with the cost of Rs. 500/-. The Rule issued by this Court on 8.1.2008 and ad-interim relief granted by this Court. Thereafter, matter has been discussed number of occasions between the parties to find out some solution in respect to question involved in the present petition. Thereafter, matter has been settled between the parties. It is necessary to note that opponent No. 1 TLA being a union representative under provisions of BIR Act, 1946. The terms of settlement has been worked out between the parties and produced on record by both parties. The consent terms has been produced on record and according to consent terms, benefits which were available to concerned employees of tendering their voluntary resignation, retired employees, expired employees and Badli employees has been worked out on agreement between the parties to the effect that mills has closed down manufacturing activities completely and it has been agreed to grant following benefits as per the settlement to the concerned employee. This consent terms dated 11.2.2008 signed by both advocates of respective parties as well as Shri S.D. Vyas, Director of Ahmedabad Advance Mills Ltd. and Shri Amar Barot, Secretary of TLA.