AVTEC LIMITED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court is a company registered under the Companies Act, 1956 and has filed this present petition under Article 227 of the Constitution of India being aggrieved by the order dated 22.11.2019 passed by the Industrial Tribunal, Indore in Case No.3/ID/19.

(2.) The facts of the case reveal that the petitioner / Company has submitted an application under Section 25-N of the Industrial Disputes Act, 1947 (hereinafter after referred as the ID Act) seeking permission from the competent authority for retrenchment of 217 employees and the respondent No.2 / Union submitted an application under Section 33-A of the ID Act alleging that the application preferred by the petitioner / Company amounts to change in the service conditions and the Industrial Tribunal has passed an order on the stay application staying the proceedings in respect of the application preferred by the petitioner / Company under Section 25-N of the ID Act.

(3.) The facts, as stated in the miscellaneous petition, further reveal that the respondent / Union raised an industrial dispute regarding fixation of number of employees in a particular department and workload for each machine and as the conciliation proceedings failed, the appropriate Government has forwarded the reference to the Industrial Tribunal.