MUMBAI MAZDOOR SABHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition impugns an order dated 3rd Nov. 1984 passed by the 1st respondent under Section 12(5) read with Section 10(1) of the Industrial Disputes Act, 1947, declining to refer for adjudication a dispute raised by the 1st petitioner by its letter dated 1st December 1982 and praying for a writ directing such reference.

(2.) The 1st petitioner is a registered trade union. The workmen of the 2nd respondent (Reliance Textile Industries Ltd.) joined the 1st petitioner-union in September 1982.

(3.) On 17th Nov. 1982 some of these workmen were transferred from the 2nd respondent's premises at Andheri, Bombay, to its premises at Dhobi Talao, Bombay. On 25th Nov. 1982, 120 of these transferred workmen were informed by telegrams and letters that they had been retrenched from the 2nd respondent's service. The notice wages, retrenchment compensation and other dues were sent by Money Order. On 27th Nov. 1982, 173-more of the transferred workmen were retrenched by telegrams and letters. These letters stated that the volume of work in the Import Department of the 2nd respondent had substantially decreased, that various departments operating from different places in Bombay were being centralised, and that the work of shares and debentures had been entrusted to a professional organization. Consequently, the 2nd respondent had staff surplus to its present requirements; for which reason the retrenchment was being effected. The notice wages, retrenchment compensation, etc. were sent by Money Order.