AMBALAL SARABHAI ENTERPRISES Vs. CHEMICAL LABOUR UNION

JUDGEMENT

(1.) M/s Sarabhai M. Chemicals a division of Ambalal Sarabhai Enterprises has preferred these four appeals against the common judgment delivered by the learned Single Judge of this Court on 19/30/31 of July, 1996/lst August, 1996 in Special Civil Application Nos. 2111/1993, 12960/1994, 7318/1993 and 4478/1996. The learned Single Judge by his common judgment has partly allowed the said writ petitions by setting aside the award passed by the Industrial Tribunal, Gujarat at Ahmedabad in REF(IT) No. 179/1968 on 29th January, 1993 and remanding the matter to the learned industrial Tribunal to reconsider the reference and to decide the same afresh as per the directions given and observations made by him in his judgment.

(2.) We have heard Mr. K.S.Nanavati senior advocate for the appellants Mr. Shahani, advocate for the original petitioner in Special Civil Application No. 2111/1993, Mr. I.A.Supheia, advocate for original petitioner in Special Civil Application No. 12960/1994. Mr. Acharya, advocate for the original petitioners in Special Civil Application No. 7318/1993, Mrs. Pawa advocate for original petitioners in Special Civil Application No.4478/96 and Mr. R.M. Jamdar appellant in LPA No.1046/96 and one of the respondents in Special Civil Application No. 4478/96 as well as Special Civil Application No. 2111/1993 in person at length on merits of the whole matter. Therefore taking into consideration the nature of the proceedings and the fact that all the parties are heard at length by giving full opportunity of being heard and in the interest of all the parties as well as in the interest of justice, we dispose of these appeals finally by this common judgment.

(3.) Appellant Sarabhai M. Chemicals is a division of Ambalal Sarabhai Enterprises Ltd., and was runing an undertaking at Gorwa Road, Baroda. In the said undertaking the appellant was running (1) Vitamin "C" plant, (2) Sorbital Plant, (3) Hydrozen plant,(4) Fine Chemical Plant, (5) (S.H. Daksose) and (6) Cooling Cloride Plant. All these plants had common list of workmen and they had also common packing department, stores department, Engineering Department, Sales and Purchase department and other department. In all these 6 plants and departments of appellant's undertaking there were in all 1286 workmen. It is the case of the appellant that since other several big companies started producing and marketing the items which were being produced and marketed by the appellant and the Government's policy to sell vitamin "c" products at lower rate than even the manufacturing costs, appellant undertaking started suffering loss from the year 1979- 80. Between 1979-80 to 1988-89 the appellant has suffered loss of more than Rs.2100 lakhs. Appellant had sought consent of the respondents namely Chemical Labour Union and Chemical mazdoor Sabha two unions of its workmen which were given recognition by the appellant to close down the undertaking. But they refused to give such consent.Then the appellant had filed Special Civil Application No. 52/1988 contending that the provisions of Section 25(O) of the Industrial disputes Act is violative of the provisions of the Constitution of India. Without prejudice to the said contention and by way of alternative remedy an application was also filed before the concerned authority under section 25(0) of the Industrial Disputes Act before the competent Authority seeking the permission to close down the unit. But during the pendency of those proceedings the appellant Sarabhai Chemicals had effected a lock out in its undertaking on 9th February, 1988 at 5.00 p.m. Thereby 1286 workmen were denied job. Thus there was, according to the respondents, illegal discharge of 1286 workmen.