ASSOCIATION OF ENGINEERING WORKERS Vs. S A PATIL

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners, being aggrieved by the Judgment and Order dated July 27, 1984, passed by the Industrial Court, Bombay, dismissing complaint (ULP) No. 417 of 1984 filed by the complainants/present petitioners against Respondent No. 2.

(2.) THE case of the petitioners is that they are the Trade Union registered under the Trade Unions Act. They represent all the employees of Respondent No. 2/company. Respondent No. 2/company manufactures automobile ancillaries. The case of the petitioners is that their Union demanded bonus at the rate of 20% and ex-gratia payment at the rate of 15% for the year 1982-83. The Company/respondent No. 2 offered payment at the rate of 8. 33% and an ad hoc payment of Rs. 500/- per workman. There was no settlement reached between respondent No. 2/company and the workmen.

(3.) ON December 21, 1983, the Company simultaneously displayed two notices, one for closure and the other for lock-out without prejudice to each other. The reasons given for closure and lock-out were the same. The respective notices for closure and lockout alleged that the employees of the Company indulged in "go-slow" to enforce their demand for ex-gratia payment and for bonus. The company/respondent No. 2 said that it could not carry on its business any more unless the employees restored normal production.