(1.) By this petition, the petitioner has challenged the validity and correctness of order dated 23.10.2007 passed by Presiding Officer, Labour court, Allahabad in Misc. Case No.75 of 2006, whereby the Labour court has rejected the application of petitioner filed under Section 33-C (2) of the Industrial Disputes Act, 1947 with liberty to the petitioner to raise an industrial dispute under Section 4-K of the U.P. Industrial Disputes Act, 1947. A true copy of the order dated 23.10.2007 passed by the Presiding Officer, Labour court, Allahabad in aforesaid case is on record as Annexure-1 to the writ petition.
(2.) The brief facts leading to the case are that the respondent no.4 i.e. M/s Universal Tyres gave its unit at Allahabad on license basis for a period of 12 years to M/s Jai Shree & Rubber Products on 1.2.1977. The respondent no.5 M/s Jai Shree Tea & Industries Ltd., Proprietor of Jai Shree Tyres & Rubber Product, New Delhi moved an application on 4.8.1986 to the State Government for closing down its concern. The State Government vide its order dated 20.9.1986 rejected the aforesaid application of the respondent no.5 by reasoned order. Feeling aggrieved by which, the respondent company filed Writ Petition No.19090 of 1986 and this Court has dismissed the writ petition on the ground that the company can file review petition and can also come for adjudication. Thereafter the respondent company filed review application, thereupon matter of closure of concern was referred for adjudication by the State Government to the Industrial Tribunal, Allahabad. The Industrial Tribunal Allahabad by an award dated 26.2.1987 has rejected the said application holding that the intended closure of the concern is not only un-reasonable but it is also illegal. A copy of the said award dated 26.2.1987 is on record as Annexure-2 to the writ petition.
(3.) Feeling aggrieved against the award dated 26.2.1987, passed by Industrial Tribunal, Allahabad, the employer filed Writ Petition No.6295 of 1987 challenging the aforesaid award and validity of Section 25-O of the Industrial Disputes Act 1947. This Court vide its order dated 28.3.1990 allowed the writ petition filed by the respondent holding that Section 25-O of the Industrial Disputes Act is ultra-virus. Feeling aggrieved by aforesaid decision of this Court, Jai Shree Tyres Karamchari Union and the State Government approached Apex Court challenging the order passed by this Court, by which Section 25-O of the Industrial Disputes Act (Central) and Section 6-W of the U.P. Industrial Disputes Act had been held to be ultra-virus. The matter was referred to the Constitution Bench of Apex Court which decided in case of M/s Orissa Textiles & Steels Ltd. Vs. State of Orissa & others, 2002 92 FLR 648 upholding the validity of Section 25-O of the Industrial Disputes Act (Central), consequently, the Supreme Court remanded the matter back to this Court for decision on merits. Thereupon Writ Petition No.6295 of 1987 filed by the respondent no.2 was dismissed by this Court on merit vide detailed judgement and order dated 28.1.2004. A true copy of the judgment and order dated 28.1.2004 passed by this court in Writ Petition No.6295 of 1987 is on record as Annexure-3 to the writ petition.