TEXTILE LABOUR ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) . The present petition is filed by the Textile Labour Association, Ahmedabad for the reliefs that insertion of the condition regarding closure of the textile unit in the policy entitled Textile Workers Rehabilitation Fund Scheme bearing no.1(9)/91-- CSS/ 41 dated 1.5.1991, be declared as discriminatory, arbitrary and offending Articles 14 and 16(1) of the Constitution of India. Said condition reads as under:

(2.) . It is also prayed in the petition that the said condition should be struck down and the employees of the Continental Textile Mills Ltd. should be paid the benefit under the aforesaid scheme.

(3.) . Mr.D.S. Vasavda, learned advocate appearing for the petitioner submitted that the Continental Textile Mills Limited, which was engaged in production of textile fabrics was employing 2200 workmen and the unit was closed down in February 1992, without obtaining permission from the Commissioner of Labour. He asserted that the unit is completely closed rendering 2200 workmen jobless and as on today, they are suffering from the agony of starvation. Mr.Vasavda, learned advocate also submitted that the Commissioner of Labour, Gujarat State has addressed a communication to the Regional Textile Commissioner, having his office at Bhadra, Ahmedabad, that the unit has been closed down without obtaining prior permission as required under sec.25(O) of the Industrial Disputes Act. A copy of said communication is produced at Annexure 'B' to the petition. Mr.Vasavda also invited attention to the order dated 31.1.2000 passed by the Division Bench in Civil Application No.12470 of 1998 in Letters Patent Appeal No.1584 of 1998, a copy of which is produced at Annexure 'C' to the petition. He further pointed out that the Labour Court had issued a certificate amounting to Rs.22 crores showing the dues of workers towards wages but as the same was not executed by the Collector, the Division Bench of this Court was required to pass the order referred hereinabove, in a Civil Application in Letters Patent Appeal. Mr.Vasavda submitted that by an order dated 31.1.2000 the Collector was directed to take appropriate steps to see that the amount is recovered as arrears of land revenue to make payment of wages to the workers. He submitted that it is clear from the order that, "the said unit has come to a grinding halt", these words are sufficient to infer that there are no chances of that unit getting restarted in future. Therefore, the unit is to be treated as closed for all purposes. Mr.Vasavda submitted that in the scheme under clause II(i) it is provided that,