SOMAYYA S BHANDARI Vs. ORIENTAL RUBBER INDUSTRIES LTD

JUDGEMENT

(1.) Both these appeals are directed against the same order of learned Single Judge of this Court passed in Writ Petition No. 3146 of 2010 dated 3/4th April 2007.

(2.) The facts giving rise to these two appeals are M/s Oriental Rubber Industries Limited (hereinafter referred to as "employer" was having a factory at Bhandup and was manufacturing rubber products. About 700 workmen were employed in that factory. On 27th October, 1980, the employer declared a lockout on account of its' bad financial position and in November, 1980, the employer took a decision to close down its' factory w.e.f. 5th January, 1981 and closure notice dated 3rd November, 1980 was issued under section 25-FFA of the Industrial Disputes Act. The Trade Union representing the workers at Bhandup factory filed a complaint being U.L.P. No. 257 of 1980 before the Industrial Court, Thane. That complaint was dismissed by order dated 8th March, 1982. The Industrial Court held the closure notice dated 3rd November, 1980 to be valid and legal. The factory was thereafter closed down and almost all the workmen accepted their dues. Some workmen did not accept the dues, so the unclaimed balance was deposited with the Maharashtra Labour Welfare Board. The Trade Union again filed a complaint being U.L.P. No. 1006 of 1987 before the Industrial Court, Mumbai challenging the validity of the closure. That complaint was dismissed on 20th June, 1988. Against the said order, the Union preferred Writ Petition No. 2632 of 1988 before this Court, that writ petition was dismissed by the learned Single Judge by order dated 22nd June, 1993. The Trade Union preferred an appeal against that order. That appeal was dismissed by order dated 9th March, 1995 by the Division Bench. The order was challenged by the Union before the Supreme Court by filing S.L.P. and that S.L.P. was dismissed on 21st July 1997. Thereafter 65 workmen who were working in Bhandup Unit filed a complaint (U.L.P.) No. 651 of 1998. Complainant Nos. 1 to 69 were employed at Bhandup Unit. Complainant Nos. 60 to 65 claimed to be legal representatives of the employees who were working in Bhandup Unit. According to them, the employer has started Unit in the year 1992 and therefore in terms of provisions of section 25-H of the Industrial Disputes Act, they are entitled to be offered employment in that Unit. They also claimed some other reliefs. That complaint was decided by the Industrial Court by its order dated 1st October, 2004. The operative part of the Industrial Court's judgment reads as under :

(3.) Feeling aggrieved by this order, the employer filed Writ Petition No. 3146 of 2004 in this Court. That Writ Petition was decided by the learned Single Judge by his order dated 3/4th April, 2007. The learned Single Judge modified the order passed by the Industrial Court.