ENGINEERING KAMGAR UNION Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) The present matter was heard alongwith 3 more writ petitions bearing Nos. 33093 of 1998, 13086 of 1999 and 4333 of 1999. The dispute in question is between the Engineering Kamgar Union (in short 'union') and M/s. Electro Steel Casting Ltd. in short 'employer').

(2.) The present writ petition (38838 of 1998) has been initiated by the union against a notice dated 21-9-1998 intimating closure of the employer's industry at Ghaziabad w.e.f. 23-9-1998. On the presentation of the Writ Petition on 23-11-1998, the Court directed issuance of notice on the employer and stayed the operation of the disputed notice.

(3.) Writ Petition No. 4333 of 1999 was filed by the employer against the orders dated 26-10-1998, 10-12-1998 and 8-1-1999 recorded by the Dy. Labour Commissioner, Ghaziabad. These orders are in Annexures 9, 14 and 15 to the writ petition. By the first mentioned order, the Dy. Labour Commissioner had issued recovery certificate and requested the Collector, Ghaziabad to proceed according to law for recovery of the unpaid dues of the employees after the illegal closure. The second mentioned order was also issuance of recovery certificate with a similar request to the Collector and so was the third mentioned order. This writ petition was filed on 31-1-1999 and was directed to be put-up alongwith Writ Petition No. 38838 of 1999 by an order dated 5-2-1999. A caveat was filed on behalf of the union in this Writ Petition. After hearing the parties. an order was recorded on 16-2-1999 by Hon'ble O.P. Garg, J. staying further proceedings of recovery against the employer.