SURENDRA NATH BISWAL Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) 24 workmen had approached the Labour Court by filing an application under Section 33 C(2) of the Industrial Disputes Act (hereinafter referred to as 'the Act') praying for computation of their wages for the period from 31.7.1984 to 31.10.1985. The said petition was registered as I.D. Misp. Case No. 225 of 1985. All the workmen were working in the Textile Division of the Orissa Textile and Steel Ltd., Nayabazar, Cuttack.

(2.) BEREFT of unnecessary details, the short facts leading to raising the dispute under the Act is that while the Textile Unit of Opposite Party No. 2 was running smoothly, the authorities of the Company on 12.3.1984, it is alleged, submitted an application to the Government of Orissa to grant permission to close down the said Unit. It is alleged that the Assistant Labour Commissioner, who was acting as the appropriate authority of the Government, after conducting due enquiry and verification of the records and after giving opportunity to both the employees and the employer by order dated 17.4.1984 refused to grant permission to close down the unit. The said order was passed in exercise of the power conferred upon the authority under Section 25 O of the Act.

(3.) ON receiving notice, the Management opposite party No. 2 appeared and filed a petition questioning the maintainability of the said case. The same having been rejected the order was challenged before this Court in OJC No. 4278 of 1989. The writ application was disposed of on 22.12.1989 with a direction to the Labour Court to decide the question of maintainability as preliminary issue. It was decided in favour of the workmen. The Labour Court held that the petition was maintainable. The said order was again challenged before this Court in OJC No. 1808 of 1991 which was dismissed on 12.4.1994.