Arijit Pasayat, J. - (1.) Leave granted.
(2.) The appellant (hereinafter referred to as the Employer) calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court directing it to furnish security /bank guarantee of a Nationalised Bank to the extent of 50% of the amount of wages as per the calculation to be made on the basis of the order passed by the Industrial Court, Maharashtra at Thane.
(3.) The background facts as projected by the appellant are as follows: The employer retrenched 33 employees after giving notice of retrenchment along with cheques covering the notice pay and retrenchment compensation. Some of the workers refused to accept the same. On account of financial stringency and reduction of work force, Voluntary Retirement Scheme was announced which was availed by 72 employees. The respondent-Association, however, instigated some of the employees not to opt for the scheme. Some of the employees took law into their own hands and tried to destroy the appellants properties and this created chaotic conditions for which the appellant was forced to lodge complaint in the Industrial Court and orders were passed prohibiting some workmen from coming within a radius of 100 meters of the appellants establishment. With a view to be charitable to the employees, letters were addressed to workers to join work, who refused to work and continued with the strike. Complaint was filed by the respondent-Association in the Industrial Court questioning retrenchment. Appellant filed a Written Statement and claimed that the relief claimed could not be adjudicated by the Industrial Court and it has no jurisdiction to deal with the matter. According to the appellant, it was only the Labour Court which could deal with the matter. The Industrial Court passed an order holding that the retrenchment of the concerned workers to be illegal. The Industrial Court, inter alia, gave the following directions: "(a) ... Reinstate 33 workmen in Annexure-C with full back wages. Their retrenchment order is set aside. (b) They are directed to pay bonus at the rate of 22% for the year 1990-91 to the workmen except the persons who are not collected including 33 retrenched workmen. (c) Respondent to provide as per the terms of settlement pair of safety shoes and uniforms. (d) Allow other non-retrenched employees on duty and to pay them the dues from the days when they are not allowed to do the work i.e. from 24-10-1991. (e) They are directed to pay salary and wages of the workmen on the due dates i.e. 7th of every month." ;