VICCO LABORATORIES LTD Vs. MAHARASHTRA GENERAL KAMGAR UNION

JUDGEMENT

(1.) Heard the learned Senior Counsel for the petitioner and Mr. Ganguli for the respondent. The petitioner filed this petition under Articles 226 and 227 of the Constitution of India against the judgment and order dated 19.3.1998 passed by the Industrial Court, Thane in Revision Application No. 20 of 1996 confirming the judgment and order dated 12.3.1996 passed by the III Labour Court in complaint (ULP) No. 225 of 1990. The facts giving rise to this petition are, briefly stated, as under:

(2.) The petitioner is a limited company incorporated under the Companies Act/ 1956 and carried out its activities at Plot No. C-20, M.I.D.C. Phase-1, Dombivli (E), District Thane which produced Ayurvedic products engaging around 16 employees.. During the period 1986-87 the Company had engaged 74 employees though the position of the Company was not encouraging. The position of the company deteriorated and during January, 1989 to April, 1989, the factory work was purely 10 days a month. During that period from April, 1989 to August, 1989, there was hardly any working and the Company was required to pay idling wages to a large work force. Therefore, they decided to retrench 28 workmen after complying with the provisions of sections 25-F and 25-G of the Industrial Disputes Act, 1947. The petitioner retrenched 28 workers and when the vacancy arose, it re-employed two workmen as per their seniority. Ten workmen accepted their retrenchment compensation.

(3.) The respondent is a Union registered under the Trade Unions Act, 1926 and filed a complaint being complaint ULP No. 225 of 1990 on 19.11.1990 under section 28 read with Items 1(a), 1(b), 1(d) and 1F of Schedule IV of MRTU and PULP Act, 1971.