WORKMEN OF JENSON Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioners before me are the workmen of Jenson & Nicholson (India) Ltd., being the Respondent No. 3 herein. In this writ petition, they challenge an award made by the Third Industrial Tribunal, West Bengal dismissing the reference made to it by the State Government on the question of legality of closure of the head office of the company. The closure was declared on 17th June 2003. The two issues referred to the Tribunal by the State Government were:

(2.) Prior to effecting closure, it is the admitted position that 48 employees of the company were disbursed arrear salary of 15 days and one month's pay in lieu of notice. What was computed as closure compensation was sought to be paid by 18 postdated cheques of diverse sums for the individual workmen. Through these cheques, closure compensation was sought to be disbursed on equal monthly instalments (EMI) basis. In course of hearing, it was submitted by Mr. Sengupta, learned Counsel appearing for the Petitioners that none of the workmen had encashed the cheques through which such closure compensation was sought to be disbursed. The Tribunal found the closure of the head office bona fide. The Tribunal further held that under those circumstances it had No. jurisdiction to entertain the reference or to adjudicate upon the issues referred to it.

(3.) Mr. Sengupta drew my attention to the provisions of Section 25FFF of the Industrial Disputes Act, 1947, as operational in West Bengal and submitted that the requirement of the said provision was not complied with by the management of the Respondent company while declaring closure. On this ground, he argued, decision of the Tribunal confirming closure was not sustainable. The provision relating to closure is contained in the said section of the Act. Sub-section (1) of the said provision is relevant for adjudication of the present proceeding, which stipulates: