NAVIN KUMAR PATRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners were the workmen under Respondent No. 5. Their grievance is that the factory premises of Respondent No. 5 had declared lock out without giving any notice as required under Section 25 of the Industrial Disputes Act, 1947 (the Act) and the petitioners along with other workmen had been forcefully asked to take voluntary retirement under Voluntary Retirement Scheme being prepared by the authorities of Respondent No. 5 Prayer has been made for declaration that the impugned notice dated 9,10.1997 as contained in Annexure -2 issued under the signature of Respondent No. 7 regarding closure of the factory is unlawful, improper and without jurisdiction and also for declaring the notice of voluntary Retirement Scheme dated 20.2.1997 as contained in Annexure -1 being unlawful, opposed to the public policy and hit by Section 23 of the Contract Act.

(2.) The main point involved in this writ application is whether the closure of the factory being declared by the notice as contained in Annexure -2 is illegal as the same is in contravention of Section 25 -0 of the Act under Chapter V -B or under Section 25 -FFA under Chapter V -A of the Act,

(3.) For maintainability of the writ petition, another prayer has been made from the side of the petitioners for directing the Respondents Nos. 1 to 4 for taking action against the private respondents i.e. Respondents Nos. 5 to 8 as contemplated under the provisions of the Act. The petitioners' contention is that the private respondents had set up their factory and employed the petitioners along with many other workmen after taking permission from the State of Bihar and after getting better offer, they are trying to shift their factory to Manglore without taking permission from the State Government. How far the permission is necessary is dependent upon the provisions of the Act.