TRIVEDI CRAFTS PVT. LTD. Vs. GENERAL MAZDOOR SABHA

JUDGEMENT

(1.) This petition under Article-226 of the Constitution of India is filed challenging the award dtd. 8/1/2013 passed by the Labour Court, Ahmedabad in Reference (LCA) Demand No.19 of 1998. By the aforesaid impugned award, the Labour Court has directed the reinstatement of 6 workmen out of 51 workmen represented by the respondent-Union.

(2.) Learned Advocate for the petitioner submitted that the petitioner is the company, which had engaged 93 employees. However, on account of serious economic crisis, to reduce the cost an expenditure, decided to reorganize its business operation and as a part of such exercise, had decided to reduce the employees. It is submitted that the petitionercompany found that, amongst all the categories, one category of helpers was surplus and therefore, decided to retrench such 51 helpers. It is submitted that the petitioner-Company had duly followed necessary procedure for carrying out retrenchment of 51 helpers by putting up notice displaying names and also reason and intimation for collecting the dues towards retrenchment compensation and salary in lieu of notice.

(3.) It is submitted that when the surplus employees- helpers did not accept the retrenchment compensation and notice pay along with other dues, the petitioner-Company had sent such dues by way of cheque by Registered Post AD to each and every individual retrenched respondentworkmen. The respondent-workmen were also asked to collect such dues from the Company within time specified and this intimation was also displayed on the Notice Board.