CHEMICAL LABOUR UNION Vs. AMBALAL SARABHAI ENTERPRISES LIMITED

JUDGEMENT

(1.) .All these four Special Civil Application are directed against the Award passed by the Industrial Tribunal, Gujarat at Ahmedabad on 29- 1-1993 in Reference (I.T.) No. 179 of 1988 between Sarabhai Chemicals, Baroda on one side and Chemical Labour Union, Chemical Mazdoor Sabha and the concerned workmen on the other side. Whereas all these petitions are directed against the above referred impugned Award, challenge in each is based on identical facts and questions of law, all these four petitions are decided by this common judgment and order.

(2.) Sarabhai M. Chemicals, which is a Division of Ambalal Sarabhai Enterprises, was decided to be closed in January 1988. Having taken a decision to close down the Sarabhai M. Chemicals at Baroda, the Company preferred a Special Civil Application No. 82 of 1988 challenging the vires of Sec. 25-O of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') on 12-1-1988 and on 12- 1-1988 itself an ad inertim order was passed in the aforesaid Special Civil Application against the prosecution of the Company and its official. This ad interim order dated 12-1-1988 was sought to be vacated on 10-2-1988 by filing a purshish to create a congenial atmosphere for negotiations and it was vacated on 10-2-1988 by the Court on the basis of the purshis as aforesaid as has been given out by the parties.

(3.) The Company filed an Application on 20-2-1988 seeking permission to close down the entire undertaking, i.e., Sarabhai M. Chemicals under Sec. 25-O of the Act in the prescribed Form XXX under Rule 82(b)(1) of the Gujarat Industrial Disputes Rules, 1966 (hereinafter referred to as 'the Rules'). This Application was dealt with by the Labour Commissioner of Gujarat. While this Application was being dealt with and pending before the Labour Commissioner, settlements under Sec. 2(p) of the Act were arrived at between the employer and the Chemical Labour Union of Baroda on 9-4-1988 and between the employer and the Chemical Mazdoor Sabha on 10-4-1988 respectively. The terms of settlement in both the settlements are common. Through these settlements, the Scheme of Voluntary Retirement in its revised form with the terms contained therein was accepted by both the sides and it was held out that after the receipt of the applications for Voluntary Retirement it would be possible to determine as to how many workmen desired to leave the services of the Company voluntarily and, therefore, by 15-5-1988 the Company will gradually start providing jobs to as many workmen as found necessary to start working Vitamin 'C' Plant and the ancillary section/departments thereto provided the Company would have received at least 600 applications for Voluntary Retirement. It was further held out in the settlements that for the remaining workmen, i.e., after those who opt for Voluntary Retirement and those who are absorbed by the Company, the parties agreed to make a joint application to the Commissioner of Labour on or before 18-4-1988 requesting him to make a joint Reference to the Industrial Tribunal under the provisions of Sec. 10(2) of the Act for adjudication and the terms of the Reference, which was agreed between the parties in this settlement, was as under :