GENERAL MANAGER Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner by way of filing W.P. No. 9553/2006 (S), before this Court has challenged the order passed by Respondent No. 1 -State Govt. by which while granting permission to close down the Industry, certain conditions have been imposed. The copy of the order is filed on record as Annexure P/4 dated 26th June, 2006 to the petition.

(2.) THE facts leading to the present case are that the petitioner is an Industry and is manufacturing Railway Mono Block Concrete Sleepers under the specification BBRV. According to the petitioner, the said industrial unit was not viable as the requirement of the Railway was to supply them Concrete Sleepers under the RDSO specification. The petitioner was having its Unit at Budni, District Sehore. An application for grant of permission was moved by the petitioner in accordance with Section 25 -O of the Industrial Disputes Act, 1947. The said application earlier was rejected by the State Govt, by an order dated 23rd July, 2005. Against the same, the petitioner preferred a petition before this Court which was registered as W.P. No. 7619/05(s). The said petition was heard by this Court and ultimately an order on 12 -12 -2005 was passed by which the order passed by the State Govt, on 23rd July, 2005 by which the permission was rejected to close down its Industry at Budni was set aside. This Court while deciding the petition also directed the State Govt, to decide the application afresh within a period of 30 days. The order passed by this Court is Annexure P/l filed by the petitioner. Thereafter, the State Govt, heard the parties afresh on the application which was submitted by the petitioner on 1 -4 -2005 seeking permission to close down the Industry. The State Govt, after hearing the parties passed an order which is Annexure P/4 to the petition dated 26th June, 2006. This order has been impugned in the present petition.

(3.) THE Respondent No. 2 Union has also filed a petition before this Court which is registered as W.P. No. 11673/06 wherein the order granting permission has been challenged by the Respondent No. 2 Union. Another petition which was filed by the Management was W.P. No. 7463/06. In the said petition, the employer challenged the order passed by the appropriate Govt, under section 33 -C(1) of the Industrial Disputes Act, 1947. The application before the appropriate Govt, was submitted by the employees by which the employees claimed that since the appropriate Govt, has already refused to grant the permission by an order dated 23rd July, 2005 and the Industry has been closed with effect from 30th of June, 2005, therefore, they are entitled to get the salary. The revenue recovery certificate is issued on that ground by the State Govt, was challenged by the Management in this petition. At the time of hearing of case, the learned counsel for employees Shri V. S. Shroti, learned senior counsel fairly submitted that they will not recover the amount for which the Revenue Recovery Certificate was issued by the appropriate Govt, under Section 33 -C(1) of the Industrial Disputes Act, 1947 until the order passed by the State Govt, on 26th June, 2006 is upheld and, therefore, the said petition was disposed of on the basis of that statement.