MAHARASHTRA GENERAL KAMGAR UNION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are the original petitioners. They are a Trade Union registered under the Indian Trade Unions Acts, 1926 and have their Registered Office at 252, Janata Colony, R.N. Narkar Marg, Ghatkopar, Bombay-400 077. The workmen of respondents No. 3, namely, Indian Cork Mills Ltd. are members of the appellants since the year 1980.

(2.) Respondent No. 3 gave a notice of retrenchment dated 31st August, 1983 for the purpose of retrenching 308 workmen plus 5 members of clerical staff. In the annexure to the notice of retrenchment reasons for proposed retrenchment were set out as under :

(3.) It is not necessary to examine all these contentions in details. The 2nd respondent after considering the material placed before him passed an order dated 1st February, 1984 in which reasons were set out in some detail. Respondent No. 2 granted permission to the 3rd respondent to retrench 111 workmen who were recruited by the Company in the years 1982 and 1981 and 5 clerical staff subject to the condition that in effecting retrenchment the principles laid down in Chapter V-A of the Industrial Disputes Act, 1947 shall be followed scrupulously. While the proceedings were going on before respondent No. 2 the 3rd respondent had also offered to the workmen voluntary retirement under a scheme which was framed by them. Under this scheme 92 workmen during the pendency of proceedings had voluntarily retired. The permission given under the order of 1-2-1984 for retrenchment of 111 workmen is in addition to 92 workmen who have voluntarily retired.