PREMIER AUTOMOBILES EMPLOYEES UNION Vs. PREMIER AUTOMOBILES LTD

JUDGEMENT

(1.) The 1st respondent is a manufacturer of motor cars ana trucks. It has three plants, one at Manpada, one at Wadala and one at Kurla. In December 1977 the workmen at its Manpada plant belonged to the trade union called the Association of Engineering Workers, the workmen at its Wadala plant belonged to the petitioners trade union and the workmen at its Kurla plant belonged to the trade unions of the petitioners and the 2nd respondents.

(2.) In December 1977 the workmen at the 1st respondent's Manpada plant, were involved in an agitation ana in go-slow tactics. On 2nd January 1978 the 1st respondent gave notice "to all concerned that it is our intention to suspend the work in our Kurla plant, Mechanite Foundry, Wadala and registered office, Bombay, with effect from the 17th day of January 1978, for the reasons explained in the annexure attached hereto."

(3.) The annexure to the notice stated that the agitation and go-slow tactics at the Manpada plant had dislocated the production at the other plants and the working of the office. This had left no alternative to the 1st respondent but to close down its operations. The workmen at the Manpada plant having refused to restore normalcy in production and having incited the workmen there to resort to acts of indiscipline and sabotage, the suspension of working at the Manpada plant and, consequently, the Kurla ; and Wadala plants and the registered office had become inevitable. In view of these circumstances, which were beyond the control of the Management, the 1st respondent had decided to suspend the working of its plants at Kurla and Wadala, as also its registered office in Bombay, with effect from 17th January 1978 until normalcy was restored.