KRANTIKARI KAMGAR UNION Vs. COLLECTOR/LABOUR COMMISSIONER

JUDGEMENT

(1.) By this Petition, Petitioner-Trade Union challenges order dtd. 27/1/2015 passed by the Labour Commissioner granting permission for closure of Industrial Undertaking of Respondent No.3-Hindalco Industries Ltd. at village Khutli, Khanvel, in Union Territory of Dadra and Nagar Haveli at Silvasa.

(2.) Petitioner is a registered Trade Union of Workmen employed in the factory of Respondent No.3 in the Union Territory of Dadra and Nagar Haveli. In September 2009, the workers employed in the Khanvel factory of Respondent No.3 joined Petitioner-Union. It served a comprehensive charter of demands on Respondent-Company on behalf of the workmen in respect of their wages, benefits and service conditions on 29/8/2012. Since the demands were not accepted, the matter was taken in conciliation proceedings by the Labour Enforcement Officer. It appears that on account of strike called by Petitioner-Union, a lock-out notice was declared by the Respondent No.3-Company. Since the conciliation failed, Respondent No.1 referred the dispute in relation to the lockout to the Labour Court vide order dtd. 21/11/2013.

(3.) On 3/10/2013, Respondent No.3-Company issued a closure notice proposing to close the Undertaking with effect from 2/1/2014. Petitioner-Union addressed a letter dtd. 21/11/2013 to Respondent No.1 opposing the closure application. After hearing the concerned parties, Respondent No.1, by order dtd. 30/11/2013 rejected the closure application.