SHEKOBA AUTO PRIVATE LTD Vs. B D HAJARE

JUDGEMENT

(1.) This petition is preferred by the Petitioner impugning the order dated 29th September, 1999 passed by the Industrial Court, Pune, inter alia, holding that the Petitioner had committed unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971 (herein after referred to as the said "mrtu and PULP Act") while retrenching the Respondent Nos. 1 to 40, who were the complainants, and directing the petitioner to continue them in service with further direction to pay each of them Rs. 1000/= as compensation and further some of Rs. 1000/- by way of cost.

(2.) I have heard the learned counsel for both the parties. Perused the record.

(3.) The Petitioner is a company incorporated under the Companies Act, 1956. In or about 1972 a partnership firm by name Electro Components Company was formed which was engaged in the manufacture of capacitors for electronics and automobile industries. On 15. 11. 1978, the said "electro Component Co. " discontinued its manufacturing of automobile ignition capacitors. The said line of manufacturing was taken over by its sister concern known as "auto Components Company". 25 employees of the said Electro Components Company who were connected with the manufacturing of automobile ignition were given option to take employment with Auto Components Co. Some of the employees amongst Respondent Nos. 1 to 40 were those 25 employees. All of them exercised their option and opted for working with the said Auto Components Co. The said Auto Component Co. thereafter incorporated into a private limited company and is known as "shekoba Auto Pvt. Ltd. " i. e. the Petitioner herein. The Petitioner since beginning was in the line of manufacturing of automobile ignition capacitors. In the meantime, the Electro Components Company continued to manufacture Electronic Capacitors and Wire Bound Resistors. In or about 1984 an existing company by name Neotroniks i. e. Respondent no. 41 took over Electro Components Company. The said Neotroniks is in existence since 1964.