HOPE TEXTILES LTD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition filed by the petitioners challenging an order passed by the State Government under section 36 of the Payment of Bonus act, 1965.

(2.) ACCORDING to the petitioners they presented to the State Government a petition on 24th August 1977 making out a case on the basis of their financial position that they be exempted from the operation of the Act by an order under section 36 of the Payment of Bonus Act, 1965 (hereinafter referred to as "the act' ). This petition submitted by the petitioners was rejected by the order of the State Government dated 18-3-1978 and this order passed by the State government is now challenged by the petitioners.

(3.) THE only contention advanced by learned counsel for the petitioners is that section 36 of the Act required that the Government after considering the financial position and other relevant circumstances could pass an order exempting an establishment from the operation of the Act as a whole or in part and for a particular period. It was contended that the order under section 36 is expected to be a speaking order which would indicate that the authority under section 36 applied its mind to the relevant considerations indicated in section 36 itself and according to learned counsel the impugned order dated 18-3-1978 is not a speaking order it does not disclose that the State Government applied their mind to the relevant considerations. Consequently, the petitioners seek the quashing of this order. Learned counsel for the petitioners placed reliance on the decisions reported in Mahalaksmi Textile Mills v. Government of Madras, (AIR 1969 Mad. 273.)-, Amal Kumar Ghatak v. State of Assam, (AIR 1971 Assam 32.) and Srinathwar Tea Co. , Ltd. v. State of West Bengal, (1971 Lab. I C 1011. ).