SARVA SHRAMIK SANGHATANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Respondents waive service. By consent, Rule is made returnable forthwith. Heard the learned counsel for the parties.

(2.) Simple and short but a question of some public and legal importance arises for consideration of the Court in the present writ petition:" Whether withdrawal of an earlier application for closure would operate as a bar in law for entertainment of a subsequent application filed within a year of such withdrawal

(3.) Necessarily, such question has to be answered with reference to the facts and circumstances of the case in which such a question arises. The petitioner is a trade union registered under the Trade Unions Act, 1926. Nearly 230 workers out of a total of 275 workers of respondent No. 3 are members of the petitioner Union. Century Industries Textiles Limited, a Company registered under the Companies Act, 1956, respondent No. 3 herein, is the employer of these workmen. On 13th February, 2007, the Company made an application to the Commissioner of Labour under Section 25O of the Industrial Disputes Act, 1947, hereinafter referred to as "the Act" , seeking permission to close down its textile undertaking known as "Century Mills" .