MODI TEXTILES LTD. Vs. STATE OF U.P.

JUDGEMENT

(1.) THE petitioner through this petition has come forward to challenge the order dated 15.2.1985, by means of which the State Government has refused to allow the application of the petitioner to close down the unit.

(2.) SUBMISSION of learned Counsel for the petitioner is that in spite of various serious efforts being made by the petitioner -company no fruitful result could be achieved and the losses of the company accumulated and increased continuously. Efforts were made by the petitioner to curtail the losses by making fresh appointments and also rescheduling the shifts, but on account of criminal and subversive activities of Kapra Mill Mazdoor Union the workers were not able to work of their own freewill. There were 20 incidents of murder and 30 incidents of criminal assaults and on account of inter se rivalry the situation was very terrible and there was no certainty of the workers and many workers did not come to work on account of the aforesaid criminal activities of the labour union. He has further submitted that the State Government did not appreciate the matter in a correct perspective and has failed to take into consideration the grounds propounded by the petitioner -company that heavy losses were accumulated on account of the labour unrest and further that an atmosphere of chaos and terror was created by the labour union on account of which supervisory staff and managerial staff were unable to discharge their duties fearlessly and further the workers, who were employed in the company were also not feeling safe and the dates and evidence produced on record have also not been considered by the State Government in the manner it was required. It is also submitted that the machinery of the mill was too old and revival of the mill is not possible now and moreover the mill, which is lying closed since 1983 will require a revamp by heavy investment and no useful purpose will be served by upholding the order of the State Government. It is also submitted that in Civil Misc. Writ petition No. 8891 of 1994 one of the case in respect of Modi Cloth Mills, Ghaziabad Unit of Modi Spinning and Weaving Mills Company Ltd., Modinagar, Ghaziabad through its Manager and Occupier v. State of U.P. and others the order passed by the State Government has been set aside and the matter has been remitted to the State Government vide judgment and order dated 9.1.2006. The aforesaid mill is the parent unit of the petitioner -company and the State Government after reconsidering the matter has allowed closure of the said unit. The petitioner's case is squarely on parity with the aforesaid unit and, therefore, submission has been made that the matter may be remitted to the State Government for deciding the matter afresh in accordance with law by considering the relevant evidence and material on record, which has been ignored without any reasonable justification. In support of his contention, he has placed reliance upon the following decisions:

(3.) I have heard learned Counsel for the parties and perused the record.