DHANALAKSHMI MILLS LTD. Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This Intra Court appeal is directed against the order passed in W.P.No.10593 of 2011. The 2 nd respondent is the worker who has knocked the doors of justice. In order to morefully appreciate the dispute on hand it is necessary to briefly allude to the facts which has culminated in the filing of the above Writ Appeal.

(2.) The appellant company is a Public Limited Company registered under the Companies Act, 1956. The Registered office of the appellant Mill is situate at Tirupur and the company had two units, namely, a Spinning Mill (A) and a Weaving Mill (B). Due to reasons beyond control of the appellant, the operations of the B-Unit became totally unviable constraining the appellant to address the Appropriate Authority for closing down the B-Unit under Section 25 (o) of the Industrial Disputes Act, 1947, herein after referred to as the ID Act.

(3.) Thereafter, pursuant to the reference made before the Special Industrial Tribunal, Chennai in I.D.No.4 of 1993 an award dated 28.11.1994 was passed granting permission to the appellant to close down B-Unit as well as the preparatory Section of the A-Unit. Meanwhile, the company had also been declared as a sick industrial undertaking under Section 3 (1) (o) of the Sick Industrial Companies Special Provisions Act, 1985 by the Board for Industrial and Financial Reconstruction by its order dated 28.02.1994.