VST INDUSTRIES LIMITED HYDERABAD Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL LABOUR COURT GODAVARIKHANI KARIMNAGAR DISTRICT

JUDGEMENT

(1.) As similar points are involved in all these five writ petitions they are being disposed of by this common order.

(2.) The circumstances which led to the filing of these writ petitions should be noted before the points which arise in them are taken up. The petitioner in all these five writ petitions is VST Industries Limited (here in after wards for convenience referred to as employer). The employer is stated to be in the business of manufacture of cigarettes and for its business it opened a depot at Jammikunta for purchase of leaf tobacco and its storage there. Its plea is that it employed contesting respondents who raised industrial disputes in question as casual workers/ security guards on casual basis for guarding the depot during seasonal operations. Its further case is that subsequently due to its business exigencies it closed down the said depot/godown at Jammikunta with effect from 01.03.2000.

(3.) The five persons who claimed to be the workmen of the employer brought five ID cases viz., I.D. No. 77/2000, I.D. No. 79/2000, I.D. No. 82/2000, I.D. No. 80/2000 and I.D. No. 78/2000 before the Industrial Tribunal-cum-Labour Court, Godavarikhani (for short tribunal), claiming reinstatement into service on the ground that the employer unjustifiably shifted its operations of purchasing tobacco to Hyderabad. In the alternative it is seen that they claimed compensation and gratuity on the plea that their termination amounts to retrenchment. Their plea was that each of them has put in more than 5 to 10 years of service under the employer prior to the closure and therefore by virtue of the same they are entitled to notice, compensation and gratuity. It is seen that in substance they made the above claims for compensation and other amounts in view of Section 25FFF of the Industrial Disputes Act, 1947 (for short Act), which deals with closure of a unit and also the legislation relating to payment of gratuity.