STATE OF GUJARAT Vs. CONTINENTAL TEXTILE MILLS

JUDGEMENT

(1.) This suo motu proceedings has arisen by the order of this Court (Coram : K.R. Vyas, J.) dated 28/04/1995 passed in Special Civil Application No. 1234/95, which reads as follows:

(2.) The said Special Civil Application has been filed by Devpalsinh Ramsinh Rajput and Vishnubhai Dashrathsinh Goswami, claiming to be the permanent workers of the respondent Continental Textile Mill Ltd. (hereinafter referred to as the "Mill") against the apprehended illegal, unjust and unfair transactions likely to enter between the respondent Nos. 1 and 2 on one hand and the respondent No. 5 i.e. Majoor Mahajan Sangh on the other, depriving the 2200 workers of their statutory rights under Sec. 25(o) of the Industrial Disputes, Act, 1947 (hereinafter referred to as the 'the Act of 1947') In the para-2.7 of the petition, it is stated that the respondent No. 5 Majoor Mahajan Sangh had made a complaint to the Labour Commissioner against the illegal closure of the said Mill which was registered as a Case No. 100/92 for the offence under Sec. 25(r) of the Act of 1947. In the said case, the respondent Mill admitted the offence of having illegally closed the mill and as such, they have been fined to Rs. 400.00 order dated 15/10/1994.

(3.) It is said that the respondent Mill was originally known as New Textile Commercial Mill established in the year 1919. It was sold on three times. The last transfer of the ownership and management of the said undertaking between the Bharat Vijay Mills Ltd and the respondent No. 2 Mr. C.L. Verma, Chairman and Managing Director, Continental Textiles Mills Ltd, took place sometime in the year 1986 and renamed the Mill as the Continental Textiles Mill Ltd. There were about 2200 workmen producing cotton as well as synthetic textiles. The say of the workman is in all previous transfers, there has been a compliance of Sec. 25-FF of the Act in the sense that all the workmen were given continuity of service without any interruption and their service conditions remained unaltered. However, as the present management of the Mill, contravened Sec. 25 (o) of the Industrial Disputes Act which is an offence punishable under Sec. 25(R) of the Act read with Rule-32 of the Rules. A complaint was filed by the Government of Gujarat through Labour Officer and Conciliation Officer under the Act on 7/08/1992 in the Court of the learned Metropolitan Magistrate, Court No. 6, at Ahmedabad.