WELCOMGROUP SEAROCK Vs. SEAROCK HOTEL EMPLOYEES UNION

JUDGEMENT

(1.) The present Petition is directed against an award of the Industrial Tribunal dated 15th February, 2002 on a reference to adjudication under section 10 of the Industrial Disputes Act, 1947. The petitioner conducts and manages the Searock Hotel at Bandra, Mumbai. On 5th March, 1991, 12 workmen who were engaged as liftmen for the purposes of the hotel were retrenched after due compliance with the provisions of section 25-F of the industrial Disputes Act, 1947. The union representing the workmen sought a reference to adjudication which was made by the appropriate government. The contention of the union in the statement of claim was to the effect that the management had made a false plea that the company had installed automatic lifts and that consequently, the services of the workmen concerned who were operating the lifts were not necessary. In the statement of claim it was also alleged that there was a breach of the provisions inter alia of sections 25-G, H and N of the Industrial Disputes Act, 1947. The management filed its written statement and its defence was that the services of the 12 liftmen have become surplus upon the installation of automatic self operating lifts at the premises of the hotel. The management submitted that it had duly complied with the provisions of the Industrial Disputes Act, 1947 insofar as they are applicable. Insofar as the provisions of section 25-N were concerned, the case of the management was that the provision was not attracted.

(2.) Evidence was adduced before the Industrial Tribunal and by its award dated 15th February, 2002 the Industrial Tribunal Court held that :

(3.) The first issue which requires consideration is as to whether the industrial Tribunal was justified in coming to the conclusion that the provisions of Chapter V-B of the Industrial Disputes Act, 1947 were attracted and that the permission of the appropriate government was necessary before retrenching the workmen. Section 25-K lays down that the provisions of Chamber V-B shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than 100 workmen were employed on an average on a working day for the preceding 12 months. The expression "industrial establishment" is defined in clause (a) of section 25-L thus :