Manas Nath Roy, J. - (1.) The petitioner No. 1, M/s. Throne's (P) Limited (hereinafter referred to as the said Company), is one registered under the Companies Act, having its Registered Office at 17, Crooked Lane, Calcutta-16. The petitioner No. 2, is the Managing Director of the said Company. In this proceeding, the petitioners have impeached orders dated 25th July, 1977 and 9th January, 1978, made by the learned Judge, Fifth Industrial Tribunal, Respondent No. 3, in Case No. VIII 147/74 and so also the order of reference made under section 10 of the Industrial Dispute Act, 1947 (hereinafter referred to as the said Act).
(2.) It is the case of the petitioners that apart from the Registered Office as mentioned above, the said Company had an independent department. The said department was known as Publication of Journal and was operated from 13, Ezra Mansion, Calcutta-1. It is the further case of the petitioners that the departments as mentioned above were completely separate, different and independent of each other. It is the categorical case of the petitioners that the department for publication of journals was declared permanently closed by notice dated 27th April, 1973 and such closure was effective from 30th June, 1973, and as a consequence of such closure the services of the persons employed in the said section viz. Publication of Journals were duly terminated.
(3.) The petitioners have stated further that the Respondent Nos. 4-6 were employed in the undertaking for publication of journals as mentioned above, which undertaking used to print and publish Journals and Periodicals. It has been contended that the services of those employees (hereinafter referred to as the said Respondents), were duly terminated in consequence of the closure as mentioned above. Such closure, it has been stated, had to be declared, because the said Publication Unit sustained heavy losses from time to time and various attempts adopted or made by the petitioners proved fruitless to resuscitate the concerned Unit. As such, it has also been stated that the closure had to be resorted to and such action was due, bona fide and legal. It is the case of the said Company that the statutory notice of closure was duly and appropriately given to the authorities concerned and all formalities for closing the Unit, were taken.;