TEXTOLE MAZDOOR UNION GURGAON Vs. STATE OF HARIYAN

JUDGEMENT

(1.) This writ petition is filed by the workmen-Union with a prayer that respondents No. 1 to 3 be directed not to grant approval to the closure of M/s Paras Textiles (hereinafter referred to as "the Mill") w.e.f. 30.9.1999.

(2.) The case of the petitioner is that there are 97 employees working in the Mill on various posts. The workers are the members of the Textile Mazdoor Union (petitioner-Union) and are working in the Mill. It is further contended that the proprietor of the Mill and of the other sister concerns are closely related to each other and all of them are indulging in illegal activities against the statutory provisions of law in either opening or closing the units to defeat the legal provisions and that too at the cost of poor labourers including the members of the Union. Various illegal activities are mentioned in the writ petition. It is argued that there are seven mills under the proprietorship/control of Shri R.K. Jain including the present Mill. The proprietor is closing the present Mill while the other Mills are still working and that the present Mill is not working in loss. It is further argued by counsel for the respondent-Management that none of the office - bearers of the petitioner-Union are the workers of the Mill. However, it is contended that they are the member of the Textile Mazdoor Union which is a Union for all the seven mills mentioned in the writ petition. It is further contended that the management of the Mill closed-down the factory and served a notice Annexure P/3, dated 29.9.2000 on the Government under Sec. 25-FFA of the Industrial Disputes Act (hereinafter referred to as "the Act"). It is contended that the industrial establishment can be closed down by giving 60 days notice before ordering closure of the factory and the notice Anenxure P/3, dated 29.9.2000 was issued and the mill was closed down w.e.f. 30.9.3000 and the notice is against the mandatory provisions of Sec. 25-FFA of the Act. The petitioner served a legal notice, Annexure P/5, dated 8.10.2000 on the Government. It is, however, contended that till date needful has not been done. Neither the Mill has opened nor permission of closure has been refused nor any prosecution has been ordered to be launched. In the notice, it has been prayed that the prayer of the Management of closure of the Mill w.e.f. 30.9.2000 be rejected and prosecution be initiated under the provisions of the Act upon the management for the illegal action.

(3.) When this writ petition was filed, while issuing notice of motion, notice regarding stay was issued and shifting of machinery etc. from the premises of respondent No. 4 was stayed. C.M. No. 8395 of 2001 is an Application given by the respondent-applicant for vacation of stay.