NEW ASARWA CHEMICALS PVT LTD Vs. JAYRAM KANJI

JUDGEMENT

(1.) Heard Mr.R.C.Jani, learned counsel for the petitioner and Mr.U.T. Mishra, learned counsel for the respondents.

(2.) The employer management, being aggrieved by the award dtd.29/11/2003 passed by the Labour Court, Ahmedabad in Reference (LCA) No.703 of 1995 is before this Court under Article 227 of the Constitution of India with a submission that the order directing reinstatement of the respondents - Jayram Kanji and Somchand Narainsinhbhai, with full back wages and consequential benefits, is illegal.

(3.) Short facts necessary for disposal of the writ application are that after abolishing two posts of Plant Operator in the establishment, notices were issued to each of the respondent to collect their legal dues, however, the order of retrenchment was challenged before the Labour Court. The workmen submitted before the Labour Court that their removal was contrary to law, firstly because there was no reason to abolish the posts and that the provisions contained in Sec.25(F) of the Industrial Disputes Act were not complied with. Present petitioner, after receiving the notices, appeared before the court and submitted that for the reasons beyond their control, they were required to take decision for abolition of the posts and after such a decision, they issued the notices to each of the respondent for collecting their dues which included retrenchment compensation.