RELIANCE INDUSTRIES LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ application had initially made thefollowing prayer:

(2.) AS it appears from the averments made in the writ application, the petitioner hadsubmitted an application under sub-section (4) of Section 25-O of the Industrial DisputesAct, 1947 for permission of intended closure of the petitioner-industry with effect from6.2.2009 on the grounds mentioned in the petition. The said petition was considered bythe appropriate Government in the Department of Labour & Employment and the prayerfor permission to close the industry was turned down by order dated 26.12.2008 inAnnexure-9. The petitioner thereafter filed a petition in Annexure-10 under Section 25-O(5) of the said Act to refer the matter for adjudication by the Industrial Tribunal. The saidapplication having not been disposed of by the appropriate Government, a writapplication was filed before this Court by the President of the petitioner-industry forquashing the order dated 26.12.2008 in Annexure-9 refusing permission to close theindustry and also for a direction to the Government to make a reference of the matter tothe Industrial Tribunal, Bhubaneswar for adjudication. This Court in the aforesaid writapplication (W.P.(C) No.1837 of 2009) by order dated 5.3.2009 directed the Governmentto take a decision on the said petition in accordance with law within a specified time. Inpursuance of the said order, the appropriate Government in the Department of Labour &Employment passed the order impugned by way of amendment in Annexure-1 not onlyrejecting the petition but also refusing to refer the matter to the Industrial Tribunal foradjudication.