BOMBAY GAS COMPANY LTD Vs. G S BAJ

JUDGEMENT

(1.) This petition impugns the award dated 9/12/1994 passed by the Industrial Tribunal at Mumbai thereby allowing Reference (IT) No. 77 of 1974.

(2.) The facts leading to this petition and briefly stated are as under:-

(3.) In the meanwhile, from 29/7/1981 the workmen at the factory and head office resorted to a lightning strike. The same strike was declared as illegal by the Labour Court and the State Government issued a Notification on 1/4/1982 and prohibited the continuation of the strike. However, the illegal strike continued till the later part of 1982. The Company submitted a notice of lockout to the Government of Maharashtra in terms of Section 25FFA of the Industrial Disputes Act, 1947 (the Act for short) and intended to effect the lockout from 26/12/1983. On the same day the Company submitted an application to the Government of Maharashtra seeking permission to close down its undertaking at Lalbaug with effect from 26/12/1983 under Section 25-O of the Act. The Government of Maharashtra, in turn, vide its order dated 23/11/1983 granted permission to close down the undertaking at Lalbaug and allied activities of the Head Office with effect from 26/12/1983. The said order came to be challenged in Appeal (IT) No. 6 of 1983 and the Appellate Industrial Tribunal was pleased to set aside the said order on 6/4/1984. The Company filed Writ Petition No. 1215 of 1984 challenging the order passed by the Appellate Industrial Tribunal. It also filed Writ Petition No. 294 of 1984 against the Union of India and the workmen and others, inter alia, challenging the virus of Section 25M of the Act and for other reliefs.