KULKARNI FOUNDARIES LTD Vs. M.G. CHITALE

JUDGEMENT

(1.) BY this petition the petitioners seek for a writ of certiorari for quashing the award dated December 3, 1973, passed by the Industrial Tribunal in Reference (IT) Nos. 211 and 281 of 1972.

(2.) THE facts giving rise to this petition are not in dispute. The petitioner is having a foundry at Poona. Three hundred workmen were employed in that factory. It appears that in the wake of acute recession in the year 19.71 after giving layoff notices the workmen were laid -off between November 1971 to July 1972. They were in fact paid fifty per cent. of their wages as per the provisions of Section 25C of the Industrial Disputes Act, 1947. Subsequently the petitioners were required to retrench ten persons out of which they took back one with the result nine workmen stood finally retrenched.

(3.) BOTH references were consolidated and in the statements of claims which were filed on behalf of the workmen it was contended that the lay -off was mala fide and in respect of the second reference it was pointed out that the petitioners were not entitled to set -off the lay -off compensation payable under Section 25F.