FIRESTONE EMPLOYEES UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule. In facts and the circumstances of the case and with the consent of parties the petition is taken for final hearing. Mr. Buch, learned Advocate for respondent Nos. 3 and 4 waives service of notice of Rule and Mr.Hasurkar, learned Addl. Government Pleader waives service of notice of rule on behalf of respondent Nos. 1 and 2.

(2.) . Firestone Employees Union, representing 18 workmen working in the Ahmedabad Branch of respondent No. 3, namely, Modistone Limited, has filed the present petition. It is the claim of the petitioner that 18 members of the petitioner- Union are working for nearly 30 years. They were also being paid regularly till June 1997. But for July 1997 they were paid wages on 31-7-1997. But no wages were paid since August 1997. The respondent No. 3 had not also terminated the services of any of the members of the petitioner. But respondent No. 3 is not giving work to them since August 1997. The respondent No. 3 had not also obtained sanction of any authorities for closure of unit. In the Annual Reports of the respondent No. 3 for the year 1995-96 it has been mentioned that the Board of Directors of respondent No. 3 as well as Board of Directors of respondent No. 4 had agreed to have merger of respondent No. 3 with respondent No. 4. But no consent of the workmen was obtained. On the contrary, coercive actions were taken against the employees. The petitioner, therefore, raised an industrial dispute which is referred after failure of Conciliation and it is bearing No. 14 of 1997. In the said Reference No. 14 of 1997 petitioner has filed an application of interim relief and an ex parte order of maintaining status quo as regards the services of workmen is passed.

(3.) . But the respondent No. 3 has not also filed any application for seeking an order of closure. The respondent did not pay wages since August 1997. The petitioner lodged complaints with respondent No. 2 by giving applications on 4-9-1997, 30-9-1997 and 8-10-1997. But no action is taken by respondent No. 2 against the respondent No. 3 for failure to pay wages. The respondent also with supervisory staff and the functioning of the Ahmedabad unit is brought to standstill. The unit is having a stock of goods worth Rs. 12.4 lakhs has no sale is effected and stock is lying in godown. They are also to get nearly Rs. one crore towards the goods sold. The amount of Rs. 6.50 lakhs lying in the Bank Account at Ahmedabad is transferred to Head Office Delhi in September 1997. Towards the amounts payable and due to respondent No. 3 cheques and drafts worth Rs. 22.25 lakhs are received in the office but as no supervisory staff is attending they are lying without crediting them in the Bank Account as they are lying with the members of the petitioner.