K GURUMURTHY AUTHORISED Vs. SIMPSON AND COMPANY

JUDGEMENT

(1.) AS all these writ appeals and the writ petitions raise a common question, they are dealt with together. However, it is unnecessary to set out the facts in all the cases as the facts are substantially the same and it is sufficient to refer to the facts in the first case, viz., Writ Appeal No. 44 of 1977.

(2.) MESSRS. Simpson & Co., Ltd., Madras filed an application on 19-5-1976 under S.25M(2) of the Industrial Disputes Act. 1947 as amended, hereinafter referred to as the Act to the Joint Commissioner of Labour, Madras seeking permission to continue the lay-off of 139 of 432 workmen employed in the establishment with effect from 5-3-1976, for the reason set out in Item 21 of the Annexure to the application. The reasons set out in the said Annexure were (1) non-availability of essential raw materials to run the operations in the Carriage department and the Light Engineering section, (2) acute power shortage, (3) no possibility of procuring orders due to non-availability of raw materials and (4) the company lost its market for the products manufactured in those departments necessitating the closure of the sales department and there was not possibility of procuring orders in the foreseeable future and there is no possibility of revival of the operations in those departments pending final retrenchment of the workmen in those departments in accordance with the provisions of law.

(3.) THE writ petition was resisted by the Joint Commissioner of Labour as also the Unions of Workmen. THEir defence was that the Amending Act had come into force on 5-3-1976, that the authority to whom the application must be made has been notified on 22-3-1976 and, therefore, they should have, in any event, filed an application within 15 days from 22-3-1976 though not from 5-3-1976.