S V INDUSTRIES Vs. SECRETARY ENGINEERING MAZDOOR SANGH

JUDGEMENT

(1.) The Petitioner seeks to question the legality of the Recovery Certificate dated February 20, 2002 (Annexure P/2) issued by Upper Labour Commissioner, Indore, for Rs. 6,20,460/- by invoking the provisions of Section 33(c)(i) of Industrial Disputes Act, 1947. Facts necessary for the disposal of petition need to be taken note of.

(2.) Petitioner is a manufacturing unit engaged in the business of manufacture and sale of certain type of capes which are used in Bulbs and Tubes.

(3.) On 4/07/2001 the petitioner claimed that they applied to the Labour Commissioner, Indore, by Annexure P/l under Section 25-M of the Industrial Disputes Act for seeking permission to effect lay-off in their Unit. It is their case that since Commissioner to whom, they applied for permission to effect lay- off did not pass any order either granting or refusing permission for lay off and hence in terms of Section 25-M(5) ibid the petitioner was deemed to have granted permission by the Commissioner. In other words, the petitioner claimed that they got deemed permission within the meaning of Section 25-M(5) of the Act on the expiry of period specified in the Section.