NHK SPRING INDIA LIMITED Vs. NHK SHARAMIK SANGH

JUDGEMENT

(1.) In this writ petition under Article 227 of the Constitution of India, petitioner is assailing the award pronounced by the Industrial Tribunal on 23rd July, 2009 answering the reference against the petitioner.

(2.) Relevant facts leading to reference are as under:-

(3.) Petitioner is a registered Company having head office at Manesar in Haryana. It had set up a factory at Malanpur in District Bhind, Madhya Pradesh to manufacture stabilizer-Bar. Subsequently, another factory was started at Manesar, Haryana by deploying part of machinery and employees from Malanpur. It is not in dispute that petitioner gave a notice dated 10-7-2008 under Section 25-FFA of the Industrial Disputes Act, 1947 (hereinafter called 'the Act' for short) slating reasons for closure of the Malanpur factory and after expiry of period of notice, paid the compensation as per Section 25-ITF of the Act. The amount of compensation was worked out "as if the workman had been retrenched". The action of the Company was based on the premise that the factory at Malanpur employed less than 100 workmen on an average per working day for the preceding 12 months.