KOHINOOR SAW MILL CO Vs. STATE OF MADRAS

JUDGEMENT

(1.) THE petitioner firm operates a timber saw mill at Baliapatam in Malabar district. By its letter dated 29-11-1954 the petitioner firm requested the Government ". . . . . . . . We request you to kindly give your earnest and sympathetic consideration to our appeal and kindly treat our mill as intermittently working and exempt us from the provisions of the Act (the Industrial Disputes Act) regarding payment of compensation to workmen for lay-off and retrenchment". The provisions exemption from which the petitioner sought were those in Ch. V-A of the Industrial disputes Act, 1947, which dealt both with lay-off and retrenchment in industrial establishments. Apparently what the petitioner sought was really exemption from section 25-C to Section 25e of the Industrial Disputes Act, because in its letter dated 29-11-1954, the petitioner firm drew the attention of the Government to section 25-A (2 ).

(2.) THE Government's reply to that request was the order dated 16th April 1955:

(3.) ON receipt of this order, the petitioner firm pointed out to the Government that the assumption, that the petitioner firm had worked for 301 days during the period of 12 months that preceded the date of their application, was erroneous, and that the Mill had worked only for 284 days during that period. The petitioner asked for reconsideration of the orders passed by the Government on 16th April 1955.