LAWS(BOM)-1986-2-18

HARISH BIJAYKUMAR KHAITAN Vs. STATE OF MAHARASHTRA

Decided On February 24, 1986
HARISH BIJAYKUMAR KHAITAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India the petitioners challenge the order dated 13th February, 1985 passed by the Government of Maharashtra under section 10(3) of the Industrial Disputes Act, 1947 (hereinafter referred to as ,the Act") prohibiting the continuance of the alleged lock-out resorted to by M/s. Avanti Development Company Limited (Petitioner No. 2). Petitioner No. 1 Harish Bijaykumar Khaitan is a share-holder and the Managing Director of petitioner No. 2.

(2.) Respondent No. 1 is the State of Maharashtra, respondent No. 2, the Association of Engineering Workers, is a Registered Trade Union. It claims to represent the workmen of petitioner No. 2 Company. Respondent Nos. 3 to 7 are the workmen employed by petitioner No. 2 and they claim to represent all the workmen.

(3.) The facts on which the petitioners based their writ petition are as under: Petitioner No. 2 was incorporated under Companies Act on 16th October, 1981. It acquired John Baker Division (the present undertaking) from Warren Industrial Limited by an Agreement dated 27th April, 1982. M/s. Warren Industrial Limited had purchased the said Unit from M/s. Killick Nixon Limited. Petitioner No. 2 manufactures engineer steel files and has a licensed capacity of 20,000 dozen per month. The technology of the said undertaking is not upto-date. According to the petitioners, the previous owners viz. M/s. Killick Nixon Ltd. and Warren Industrial Limited did not find the working of the undertaking economically viable and, therefore, they had sold it out. The petitioners acquired the unit with a hope that they would be able to make it economically viable. However, it has been continuously running at a loss. The petitioners State that when they took over the Unit with liability in respect of employees for the past services under M/s. Warren Industrial Limited and M/s. Killick Nixon Limited in respect of gratuity and retrenchment compensation etc., there were about 300 employees working there.