VAZIR GLASS WORKS Vs. BHARAT R TAYADE

JUDGEMENT

(1.) THE Petitioner by the present Petition impugns the orders dated August 10, 1998 and November 25, 1999 passed by the Labour Court and the Industrial Court respectively.

(2.) THE Respondent No. 1 had filed a complaint against the Petitioner herein alleging unfair labour practices on the part of the Petitioner under Items 1 (a) (b) (d) and (f) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. It was the case of the Respondent No. 1 that the Petitioners were intending to close down their factory and to that effect had put up a notice. It was their contention that the same amounted to the act of unfair labour practices and consequently the Petitioner should be desisted from committing the act of unfair labour practices. An application for interim relief was also prayed for. During the course of the proceedings, the Respondent No. 1 applied for an amendment of the complaint whereby they sought to contend that there was functional integrality between the Petitioners and the Respondent No. 2. It is also further contended that the Petitioners and Respondent No. 2 constitute one Undertaking and therefore before closing down part of the Undertaking permission under Section 25-O is required as number of employees is clearly above 100.

(3.) THE Respondents filed their reply. It is contended that they are entitled to close down for the reasons set out in the closure notice. It is further contended that the provisions of Chapter VB of the Industrial Disputes Act, 1947 would not apply as number of workers have fallen below 100 and what would be applicable would be Chapter VA. It was also contended that in fact there is a de facto closure and that being the case it cannot be said that any unfair labour practice has been committed on behalf of the Petitioners.