M. M. Dutt, J. - (1.) This appeal by special leave has been preferred by the appellant, Prakash Cotton Mills Pvt. Ltd., against the order dated September 27, 1972 of the Industrial Court, Maharashtra, Bombay directing payment of compensation by the appellant to its employees and to some badli workmen for the period from March 24, 1964 to June 10, 1964 (both days inclusive) during which the mill of the appellant had been closed down under circumstances beyond control of the appellant.
(2.) The appellant is a Company engaged in the business of manufacture of cotton textile goods and comes within the purview of the provisions of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as the 'Act'). It is not disputed that the mill of the appellant is recognised as an undertaking under Section 11 of the Act. The respondent, the Rashtriya Mill Mazdoor Sangh, is the approved, registered and representative union under Section 14 of the Act, representing the employees in the cotton textile industry within the limits of Greater Bombay.
(3.) It appears that on account of the alleged failure of the appellant to pay the Central Excise duty, certain detention orders were passed by the Assistant Collector of Central Excise detaining the goods of the appellant like cotton fabrics, cotton yarn and cotton bales lying in the premises of the appellant's mill. As a result of the said detention orders, the goods which were essential for the manufacturing process in the appellant's mill were detained and, consequently, there was a disruption in the functioning of the appellant's mill compelling the appellant to stop the working of the mill. It is not necessary for us to state in detail the proceedings that were taken by the appellant against the said detention orders, but suffice it to say that the detention orders were withdrawn and the appellant started the working of the mill after June 10, 1964.;