LAWS(BOM)-2002-1-71

VOLTAS EMPLOYEES UNION Vs. VOLTAS LIMITED

Decided On January 22, 2002
VOLTAS EMPLOYEES UNION Appellant
V/S
VOLTAS LIMITED Respondents

JUDGEMENT

(1.) RULE, returnable forthwith. By consent of the parties, rule called out and heard. Respondent No. 2 is not served and at the request of the petitioner, service on respondent No. 2 is dispensed with as respondent No. 2 is a formal party.

(2.) IN this petition, the petitioner, which is a trade union, has challenged the order dated 20-12-2000 permitting closure of Cooling Appliances Business Division (fort short, hereinafter referred to as CABD) of respondent No. 1 undertaking at Thane. The petitioner has also prayed for a stay of notice of closure dated 30-10-2001 and the permission granted for closure on 20-12-2001 till the reference which has been made to the Industrial Tribunal under 25-O (5) of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as the said Act) is decided.

(3.) THE facts giving rise to the petition are as under : Respondent No. 1 has a factory at Thane employing about 1000 workmen. About 161 workmen of these workmen are working in the CABD in the Thane factory. Over a period of time since 20-5-1994, the petitioner which is a trade union representing the workmen of respondent No. 1, and respondent No. 1 entered into several Memorandum of Understandings (Mous) whereby the terms and conditions of the workmen employed in the Thane factory were not to be adversely affected despite the re-establishment of a factory at Dadra and shifting of the machinery of respondent No. 1 Thane factory to Dadra and other places. The petitioner had all along apprehended that on the setting up of Dadra establishment, the service conditions of the workmen at Thane would be adversely affected and, therefore, had insisted that respondent No. 1 enter into an understanding with them. The last of such understandings was signed on 22-1-1998 whereby it was agreed that there would not be any reduction in manpower at Thane factory.