SLEEPER PLANT MAZDOOR UNION Vs. STATE OF MP

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is directed against the order dated 12.6.2001 passed by the State of Madhya Pradesh whereby, an application under section 25O, Industrial Dispute Act, 1947 (hereinafter to be referred to as Act of 1947) for closure of respondent No. 2 Industry has been allowed. Respondent No. 2, an industry engaged in the manufacturing of concrete sleepers used by the Indian Railways, being governed by the provisions of Industrial Dispute Act, 1947 filed an application on 13.2.2001 before the State Government seeking closure. The reasons assigned for closure was that it had no orders for production, from the Indian Railways.

(2.) PETITIONER Union raised objection mainly on the ground, that, the respondent Industry by not placing orders with the Indian Railways has created an artificial paucity of work. And that, it has established a new Industrial Unit/Factory of the same nature for manufacturing concrete sleepers at Pakariya, District Katni at a distance of 100 Kms from present Industrial location, i.e., Gosalpur. Besides raising an objection, solutions were suggested by the petitioner Union that the workers will work extra hours to increase the output and will not claim extra clearness allowance, house rent allowance, cycle allowance, uniform, shoe and further agreed for reducing the strength of workmen by 42. It was said that there being no adequate and genuine reasons, nor the closure would be in larger public interest; accordingly, the petitioner Union opposed the closure.

(3.) THAT , since no decision was taken by the State Government (being the appropriate Government), the petitioner filed a writ petition: W.P. No. 2344/2001, for direction to respondent to decide the review petition. Said writ petition was disposed of on 18.5.2001 with a direction to the State Government to decide the review application within a period of four weeks.