JAYANTIBHAI AMBALAL PATEL Vs. BARODA GENERAL INDUSTRIES

JUDGEMENT

(1.) The petitioners before this Court are the six workmen employed by the respondent no.1 Baroda General Industries. The petitioners challenge the judgment and award dated 15th May, 1997 passed by the Labour Court, Vadodara in Reference (LCV) No.19/1987.

(2.) It is not in dispute that the petitioners-workmen were employed by the respondent no.1 Baroda General Industries (hereinafter referred to as, Sthe Firm ). The Firm had closed down on 7th August, 1986. The workmen were paid the closure compensation in accordance with law. Feeling aggrieved, the workmen raised industrial dispute. According to the workmen, after the notice of closure those of the workmen who had accepted the retrenchment were absorbed in the respondent no.2 Ms.Extrusion Processes Private Limited (hereinafter referred to as, Sthe Company ). Whereas, the petitioners-workmen who did not accept the retrenchment were given closure compensation but were not absorbed in the service of the Company. Before the Conciliation Officer the workmen maintained that the Firm was controlled by the Company. The Firm and the Company had a common manufacturing unit within the same compound, had staff which were inter-transferable, etc. The workmen, therefore, were entitled to absorption in the service of the Company. The said dispute came to be referred to the Labour Court, Vadodara and registered as above.

(3.) Before the Labour Court, the workmen gave evidence in support of their claim that the Firm was controlled by the Company and for the purpose of implementation of labour laws the Firm and the Company were single entity.