S.N.VARIAVA - (1.) THESE Appeals are against a common judgment dated 13/11/1995 passed by the Division Bench of the Rajasthan High Court in five Civil Special Appeals and a writ petition.
(2.) IN 1983 the appellant Company had a "lay off". According to the appellant the lay off became necessitated because there was a 100 Per Cent power cut and the Company's own generators were under repairs. Thereafter on 15/01/1983 the appellant Company terminated the services of 1164 workmen. According to the appellant this termination was necessitated because of closure of a section of the Nylon plant. According to the appellant company this unit had to be closed because of huge losses and also because of lack of power. 2A. On 17/01/1983 another 1201 workmen were retrenched by the appellant Company. The Rajasthan Trade Union Kendra (hereinafter referred to as RTUK) filed a petition in the Rajasthan High Court (W.P. No. 213 of 1983) challenging the termination and retrenchment of the 2367 workmen. On 17/02/1983 the Appellant Company lifted its lay-off. However, the workmen refused to report for duty and proceeded on a strike. On 7/03/1983 the appellant filed a Writ Petition (W. P. No. 409 of 1983) challenging the constitutional validity of Section 25-N of the Industrial Disputes Act (hereinafter called the said Act).
(3.) ON 28/08/1983 the Government of Rajasthan referred the following disputes to the Industrial Tribunal under Section 10(H) of the said Act : "1. Whether the lay off in 4 Divisions of J. K. Synthetics Ltd., Kota (viz. J. K. Synthetics, J. K. Acrylics, J. K. Stapie and Tows and J. K. Tyre Cord, Kota) from 10/01/198 3/02/1983 was legal and justified and if not, to what relief the workers are entitled? 2. Whether the retrenchment in 4 Divisions of J. K. Synthetics (viz. J. K. Synthetics, J. K. Acrylics, J. K. Tyre Cord and J. K. Staple and Tows, Kota) was justified and if not, to what relief the workers are entitled? 3. Whether in case the provisions of Section 25-N of the Industrial Disputes Act, 1947 are held to be unconstitutional by the Hon'ble High Court in the Writ Petitions (213/1983 and 409/1983) the retrenchment was in accordance with other provisions of the said Act, and to what relief workers are entitled? 4. Whether non-resumption of duty by unretrenched workmen engaged in the four Divisions of J. K. Synthetics Ltd., Kota (viz. J. K. Synthetics, J. K. Acrylics, J. K. Staple and Tows and J. K. Tyre Cord, Kota) was justified and whether the workmen are entitled to any relief for this period from 17/02/1983 till they resumed duty." On 19/10/1983 a Full Bench of the Rajasthan High Court allowed the writ petition filed by the appellant and dismissed the writ petition filed by RTUK.;