RAJASTHAN STATE GRANITES AND MARBLE MAZDOOR SANGH AND ORS. Vs. RAJASTHAN STATE MINES AND MINERALS LTD. AND ORS.

JUDGEMENT

(1.) TO question correctness of the judgment dated 5.3.2008 passed by learned Single Bench in SB Civil Writ Petition No. 5430/2003, this appeal is preferred.

(2.) THE facts necessary to be noticed for adjudication of this appeal are that the Government of Rajasthan incorporated a company in the name of Rajasthan State Granites and Marble Ltd. (hereinafter referred to as 'the RSGML'). The RSGML was a subsidiary of Rajasthan State Mineral Development Corporation (hereinafter referred to as 'the Corporation') which was holding more than 50% share capital. The RSGML suffered huge losses and thereafter there was an order of closure dated 1.12.1985, ultimately it was wound up in the year 1999.

(3.) THE services of workers of the RSGML were terminated on 30.11.1985, hence, they raised an industrial dispute that came to be referred for its adjudication to the Labour Court, Jodhpur under a notification dated 12.9.1997 in the terms that "whether the Secretary, Rajasthan State Mineral Development Corporation, Jaipur/Rajasthan State Granite and Marbles Ltd., Jaipur and the Rajasthan State Mineral Development Corporation, Jaipur are justified in terminating the employees named in the annexed list on closure of their Jodhpur unit? If not, then for what relief and amount the workmen are entitled -