Kalyanmoy Ganguli, J. - (1.) This application under Article 226 of the Constitution of India, inter alia, challenges an order passed on 31 March 1990, issued by the Deputy Secretary, Labour Department, Government of West Bengal, refusing permission under Section 25-O of the Industrial Disputes Act, 1947, as amended, to close down one of the undertakings of the petitioners. The impugned order has been annexed to the writ petition marked with the letter B.
(2.) The petitioners also pray for a declaration that Section 25-0 of the Industrial Disputes Act, 1947, as amended by Section 14 of the Industrial Disputes (Amendment) Act, 1982, is ultra vires Article 19(1) (g) of the Constitution of India.
(3.) Elaborate arguments were made by all the parties and such elaborate arguments only succeeded in confusing the real issues involved in the case. The matter itself is not as complicated as it was sought to be made by both the parties. Petitioner 1 is engaged, inter alia, in one of its independent and separate units in the manufacture and sale of fans at its fan division situated at Roynagar Bansdroni, Calcutta-700 070, and the fans manufactured by Petitioner 1 are sold under the brand name of "USHA" Fans. The petitioners assert that the said fan division is a separate and independent undertaking and the terms and conditions of employment of the employees working in the said fan division are separate and independent of the conditions of service of the other employees and workmen working in the other undertakings of Petitioner 1.;