GORDHANDAS KHIMJI Vs. LABOUR COURT

JUDGEMENT

(1.) THESE petitions are preferred by the proprietor of a company which is dealing in timber in Cannanore for the issue of writs of certiorari calling for the records of the presiding officer of the labour court, Madras, dated 19 October 1965, in the claim petitions and quashing the same.

(2.) THE facts in all the four writ petitions are similar and the petitions can be disposed of by a common order. The facts in Writ Petition No. 441 of 1966 are these. The petitioner-firm had two branches, cue at Mangalore and other at Madras. The Madras branch was a sales depot where sale of timber received from the head office was effected. In the Madras branch the petitioner had under its employment seven persons as staff and workmen. The petitioner decided to suspend the sale of timber at Madras branch with effect from 1 July 1964. He, therefore, advised the staff and workmen by a telegram on 29 June 1964 that the petitioner was closing down his Madras business, and that the services of the staff and workmen well be terminated from 30 June 1964. The telegram was confirmed by a confirmatory notice. The claims of the workmen were not settled and there was an attempt at concillation proceedings. Thereafter, the workmen moved the labour court by filing claim petitions under Section 33c of the Industrial Disputes Act. The workman claimed several reliefs, viz,

(3.) THE labour court by its decision on 19 October 1985 granted the claim of the workmen in toto.