JHAVERCHAND GAEKWAD LTD Vs. ABHIRAM J YADAV

JUDGEMENT

(1.) The petitioner before this Court is one Jhaverchand Gaekwad Limited (hereinafter referred to as, Sthe Industry ), is an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 (hereinafter referred to as, Sthe Act ). The respondents are the workmen. The Industry challenges the order dated 1st February, 1993 made by the Labour Court, Vadodara in Recovery Applications Nos.2/1992 to 60/1992. By impugned order the Court below has directed the Industry to pay the respondents-workmen wages for the period from 1st November, 1991 to 8th July, 1992.

(2.) On 1st August, 1991 the Industry had given notice of closure with effect from 31st October, 1991. The Industry had also applied to the State Government for permission for closure. As no communication was received by the Industry within 60 days, the Industry treated it as a deemed closure. However, after expiry of 60 days on 21st August, 1991 the Industry received refusal of permission to close the Industry. The Industry, therefore, made application for review, which came to be allowed on condition that the Industry deposits the amount of legal dues payable to the workmen. Such deposit was not made until 6th July, 1992. The workmen (134 in number) made the above referred Recovery Applications Nos.2/1992 to 60/1992 for recovery of wages for the period from 1st November, 1991 till 6th July, 1992. Pending the said applications, the Industry settled the dispute with some of the workmen. The dispute, however, was continued by thirty workmen, the respondents herein.

(3.) Before the Labour Court, the workmen maintained that as the permission to close was conditional and until the condition was satisfied the Industry cannot be said to have been closed. The due date of closure therefore was 7th July, 1992 and not 31st October, 1991 as maintained by the Industry. The Labour Court, considered the matter and held that the Industry had legally closed on 7th July, 1992. The workmen were, therefore, entitled to wages upto 6th July, 1992. Accordingly, the order was made to pay a sum of Rs.2,50,902=65 to the workmen towards the wages upto 6th July, 1992. Feeling aggrieved, the Industry has preferred the present petition.