HINDUSTAN LEVER EMPLOYEES UNION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel at length, namely, Shri Gonsalves for petitioner-Union: shri Master for respondent No. 1-State and Shri Andhyanijina for respondent No. 2 - Employer. This is a rather unusual petition seeking relief in terms of prayer (a) which says that this Court should issue a writ of certiorari permanently prohibiting respondent No. 1 from granting permission to respondent No. 2 to close any part of the department of their Sewree Factory or, in the alternative, if such a permission is already granted, to quash and set aside the order granting the same.

(2.) THE petitioner is the Hindustan Lever Employees' Union which is a registered trade union; the first respondent is the State of Mah-arashtra represented by the Department of Industries; and the second respondent is the employer viz. , Hindustan Lever Limited. The dispute relates to the shifting of the Nickel Catalyst Department of the second respondent's factory from Sewree, bombay to Taloja which is in Raigad District. It appears that having regard to the increasing menace of pollution, the State Government appointed a Committee known as the Garg committe. Garg Committee made its recommendations and the question of shifting of extremely hazardous type of industrial units out of Bombay was considered by the State Government. Certain industries were identified as being extremely hazardous type of industries requiring shifting. The Committee made its report. The State Government also formulated its policy regarding the industrial location in Bombay Metropolitan Region in respect of which Bombay metropolitan Regional Plan No. 1970/91 came into effect from August 16, 1973. The plan provides for review of the industrial location policy in the region. The Government Resolution dated February 3, 1984 spells out the modified policy for the purpose of Industrial Location in the Bombay Metropolitan Region which was divided into four zones. Zone-1 consists of bombay Island. Zone-II consists of suburbs and the extended suburbs of Greater Bombay, Thane municipal Corporation, Mira and Bhayandar and some other areas. Zone III consists of New bombay area and Zone IV consists of remaining area of Bombay Metropolitan Region. Admittedly, Sewree fell in Zone-1 Bombay Island. Taloja falls in Zone HI consisting of New bombay area. Certain guidelines have been issued in the said policy resolution dated February 3, 1984 regarding the location of the large, medium or small scale industries. The second respondent undoubtedly is a large scale industry.

(3.) IN the light of the said policy resolution dated February 3, 1984 and recommendations of the garg Committee, a meeting was held on October 18, 1985 in the Chamber of the Additional chief Secretary (Industries), Government of Maharashtra where the Industrialists concerned participated to discuss the question of shifting their hazardous activities outside Bombay. Minutes of the said meeting held on October 18, 1985 are at Ex. A to the petition. The Industries identified as hazardous industries are as under: i) Union Carbide. ii) Ahmed Oil Mills iii) Bombay Soap Factory. iv) Excell Industry, v) Hindustan Lever (respondent No. 2.)vi) Indian Explosives, and vii) Polychem. On November 20, 1985, the second respondent-Company applied to the State Government for permission to shift to Taloja in keeping with the policy dated February 3, 1984 and the minutes of the meeting held on October 18, 1985 and asked for necessary assistance. On June 22, 1988 there was agitation in the factory resulting in the lock-out. On August 18, 1988 the State government permitted the second respondent to shift the Nickel Catalyst Unit to Taloja. The petition has been filed on November 3, 1988 praying for the reliefs mentioned above.