HINDUSTAN LEVER LIMITED Vs. SECRETARY, LABOUR DEPARTMENT

JUDGEMENT

(1.) IN the instant writ petition the petitioner prays for an appropriate writ, order or direction from this Hon'ble Court for quashing the award dated 30th July, 2002 passed by the Presiding Officer, Labour Court, Deoghar in ID Reference Case No. 1 of 1996. The petitioner further prays for a writ, order or direction commanding upon the concerned respondents to prohibit the respondents from taking any steps pursuant to the impugned award.

(2.) THE issue involved in both the writ petitions are identical so both the writ petitions are being disposed of by this common order.

(3.) THE petitioner company initially challenged the maintainability of reference in a writ petition C.W.J. C. No. 10814 of 1996 before the High Court on 10.10.1996. However, during the pendency the number of employees in Jasidih Unit came down to zero and it was not possible to pay idle wages and almost all the employees were either transferred and or separated under a voluntary separation, package made available since April, 1996. The Hon'ble High Court vide its order dated 20.5.1998 directed the Labour Court to decide the preliminary issue of maintainability after hearing the parties. The learned Labour Court vide its order dated 4.8.1997 inter alia held that it was not possible to give a finding regarding employer -employee relationship and the same was without any evidence on record which led to filing of fresh writ petition C.W.J.C. No. 9327 of 1997 by the petitioner company on 10.10.1997 challenging the aforesaid order dated 4.8.1997. The same was disposed of vide order dated 20.5.1998 by the Hon'ble High Court with a direction to decide the matter preferably within three months with liberty to challenge the same before appropriate forum. The petitioner company preferred an appeal and the Hon'ble Division Bench was pleased to uphold the order of learned Single Judge dismissing the appeal vide its order dated 9.9.1998. The petitioner company finally and formally declared the unit as closed with effect from 01.06.1999 as per the provisions of Section 25(FFF) of the Industrial Disputes Act, 1947 and it also clarified that there was no scope of application of Section 25(O) or Section 25(FF) (A) under the said Act. The learned Labour Court gave its impugned final award on 30.7.2002 in favour of the respondent employees holding that the separation under V.R.S. scheme was not proper and the ex -employees except Anil Kumar and K.N. Mondal were entitled to get salary and all benefits payable to them since the date of their respective retirement till the factory in question was closed in accordance with the letter. It also held that the workmen will be further entitled to the compensation in accordance with the provisions laid down under Section 25(F) of the Industrial Disputes Act, 1947 . The petitioner being constrained has challenged the aforesaid impugned award in the present writ petition.