CENTURY YARN/DENIM UNITS OF CENTURY TEXTILES & INDUSTRIES LTD. AND OTHERS Vs. PRESIDENT/GENERAL SECRETARY CENTURY SWATANTRA EKTA PARISHAD AND OTHERS

JUDGEMENT

(1.) Since a common question of law is involved in these petitions, therefore, they are heard together and are being disposed of by this common order. For the sake of convenience the facts are borrowed from Misc. Pet. No. 1680/2017.

(2.) By this writ petition under Article 227 of the Constitution of India, the petitioner (Century Yarn/Denim Units of Century Textiles and Industries Ltd.) is praying for setting aside of interim order dated 24.11.2017, passed by the M.P. Industrial Tribunal, Indore, in Reference No. 41/ID Act/2017, by which the learned Tribunal, in respect of order dated 2.11.2017, passed by the Deputy Labour Commissioner, Indore, has observed that since the competent authority has already made reference on 13.10.2017 to the tribunal and on the date of reference, there was no strike, the learned Deputy Labour Commissioner has wrongly exercised its power under Section 10(3) of the Industrial Disputes Act, 1947 (hereinafter referred as 'the I.D. Act') and held that no prima facie case is made out under Sections 23 and 24 of the I.D. Act, as there is no privity of contract between first party and second party No. 2. The so called 'Business Transfer Agreement' between second party No. 1 and second party No. 2 prima facie has not been found genuine and rejected the I.A. No. 1 filed by the petitioner for interim relief in respect of illegal strike.

(3.) The few facts, which are necessary for disposal of this petition are as under:- The petitioner is a company incorporated and registered under the Act No. VI of 1882 of Legislative Council of India and had set up two plants at village Satrati, District Khargone, wherein it has been engaged in the business of manufacturing and sale of Yarn and Denim cloth.