GENERAL INDUSTRIAL SOCIETY LTD Vs. COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The common question that falls for consideration in these writ petitions is whether section 25-M of the Industrial Disputes Act (hereinafter referred to as 'the Act') infringes the fundamental rights of the petitioners under Article 19 (1) (g) and Article 14 of the Constitution.

(2.) Under section 25-M of the Act no workmen other than a badli workman or a casual workman whose name is borne on the muster rolls of an industrial establishment to which Chapter V-B applies shall be laid off by his employer except with the previous permission cf such authorities as may be specified by the appropriate Government by notification in the Official Gazette, unless such lay off is due to shortage of power or to natural calamity.

(3.) In W. P. No. 3086 of 1978 the petitioner it a jute mill manufacturing jute twine employing about 350 workmen per day. According to the petitioners the workmen in the spinning department went on strike unlawfully on 4th March, 1978 and 6th March, 1978 paralysing the work ia other department which are entirely dependent upon the spinning and manufacture of jute yarn. The petitioners were therefore forced to declare lay-off under section 25 (E) (iii) of the Act. The Commissioner of Labour in his letter dated 18th March, 1978, directed the petitioners to file an application under section 25-M of the Act for permission to declare a lay-off. The petitioners while contending that the lay off declared by the petitioners was not a lay off within the meaning of section 2 (KKK) of the Act and hence does not attract section 25-M, filed an application for permission without prejudice to their contention. The Commissioner of Labour however, in his order dated 21st June, 1978, held that as the lay-off was not due to shortage of power or natural calamity section 25-M was attracted and hence previous permission was necessary and as the application was filed by the management subsequent to the lay-off it was liable to be rejected. He therefore rejected the application filed by the petitioners. The petitioners have filed this writ petition praying for a declaration that section 25-M of the Act is unconstitutional and illegal and for me issue of a writ of certiorari quashing the order of the Commissioner of Labour dated 25th June, 1978.