LAWS(MPH)-2013-2-238

HINDUSTAN ANTIBIOTICS LTD Vs. HINDUSTAN ANTIBIOTIC WORKERS UNION

Decided On February 21, 2013
HINDUSTAN ANTIBIOTICS LTD Appellant
V/S
Hindustan Antibiotic Workers Union Respondents

JUDGEMENT

(1.) APPELLANT , Hindustan Antibiotics Ltd., has preferred this appeal against the judgment of the learned Single Judge dated 3.1.2002, by which the learned Single Judge has dismissed the appellant's wirt petition challenging the order of the Labour Court directing the appellants to reinstate the services of the workmen in question. The Labour Court had held that the reason of closure given by the appellant for terminating the services of the workmen was bad since the appellant was in fact attempting to shift the workmen from Jabalpur to other places.

(2.) UPON an industrial dispute having raised by the respondent Trade Union regarding the validity of the termination of workmen, the State Government referred the following dispute to the Labour Court for adjudication under Section 10 (1) of the Industrial Disputes Act, 1947:

(3.) LABOUR Court permitted the parties to lead evidence and came to the conclusion that the retrenchment of the services was not proper because the reason of closure given by the employer was not a genuine since there was no closure but an attempt to shift the employees from Jabalpur Unit to some other Unit and thereupon the Labour Court directed reinstatement of the workmen.