VOLTAS LTD Vs. GOVT OF A P

JUDGEMENT

(1.) THESE two writ petitions are filed by M/s Voltas Limited, sanathnagar, Hyderabad, claiming two separate reliefs, under different provisions of the Industrial Disputes Act, 1947 (for short 'the Act' ).

(2.) THE petitioner is a Public Limited Company, incorporated under the provisions of the Indian Companies Act, with its registered office at mumbai. It had manufacturing units and sale network, across the country. The petitioner undertakes manufacture of Air Conditioners, refrigerators, Coolers, and the other related engineering equipment. One of its manufacturing units is located at Sanathnagar, Hyderabad. In the recent past, it has taken over the Refrigeration Division of hyderabad Allwyn Ltd. , a State-owned public sector undertaking.

(3.) CITING the problems that devolved upon the petitioner, on account of take over of M/s. Hyderabad Allwyn Ltd. and loss of business, due to heavy competition from other agencies, operating the same field, the petitioner proposed to retrench 450 employees working at its factory at Hyderabad, and to lay off 404 workmen between 1-7-2005 and 3011-2005. For this purpose, the petitioner submitted an application under Section 25-N of the Act before the Commissioner of Labour, the 2nd respondent, seeking permission to retrench 450 surplus workmen. He took up the matter and issued notices to the various unions of workmen of the petitioner. Through order dated 12-4-2005, he refused to accord permission to the petitioner for retrenchment. W. P. No. 8762 of 2005 is filed, challenging the same. During the pendency of the writ petition, petitioner submitted an application dated 28-4-2005 to the government of A. P. , represented by its Principal Secretary, Labour, employment, Training and Factories Department, the 1st respondent, with a request to refer the matter to the Industrial Tribunal, hyderabad, under Sub-section (6) of Section 29 of the Act. Through its order dated 27-8-2005, the Government refused to accede to the request of the petitioner.