A. K. Sarkar J. - (1.) The appellant is a company running a textile mill. It has appealed against an order directing it to reinstate fourteen of its employees whose services it had terminated. The appeal is contested by the respondent Union representing the employees, whose contention is that the services of the employees had been terminated in disregard of the provisions of the Bombay Industrial Relations Act, Bombay Act XI of 1947, a reference to the relevant provisions of which will be made later.
(2.) The appellant mill worked in two shifts. On July 9, 1957, the appellant gave notice that the working of the second shift would be discontinued on the expiration of a month from that date. On August 9, 1957, the working of the second shift was closed in terms of the notice. It is not disputed that the second shift was properly and bona fide closed.
(3.) The fourteen employees with whom this case is concerned were not workers in the second shift but their services were necessary in order to make all arrangements ready for the second shift to start working. With the closure of the second shift, there was no longer any need to make things ready for its running. On November 1,1957, the appellant served notices on the fourteen employees terminating their services and paid them retrenchment compensation and salary as required by law. It has not been contended that the retrenchment was not necessary as a result of the closure of the second shift. The services of these fourteen employees were accordingly terminated. Thereafter on November 9, 1957, the appellant gave a notice, called the notice of change, that it wished to abolish twenty seven posts including the posts held by the fourteen employees. On December 8, 1957, the respondent on behalf of the employees applied to the Labour Court of Bombay under the provisions of the Act mentioned above for an order declaring that the notice of retrenchment was illegal and reinstating the employees concerned. It contended that the retrenchment was illegal as the notice of it had been given prior to the notice of change. The Labour Court accepted the contention of the respondent and directed the appellant to withdraw the notice of retrenchment and reinstate the employees in their posts. An appeal by the appellant from this order to the Industrial Court at Bombay under the provisions of the Act failed. The present appeal is from the order of the Industrial Court.;