P.B.Mukharji, J. - (1.) This is an appeal from the judgment and order of D.N. Sinna, J. discharging the Rule obtained by the appellant company in respect of 246 of its workmen.
(2.) The significant point for determination in this Appeal is whether termination of service in accordance with the Standing Orders is always and necessarily a retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act, and if it is not so always, in which cases such termination is retrenchment.
(3.) The petitioner is a private limited company carrying on business in the manufacture of country spirit and rectified and denatured spirit. This business is exercised and can only be exercised in terms of an Excise license issued to the petitioner appellant and under its terms the Government fixed the price of the spirit and sanction from the Commissioner of Excise was necessary in order to exceed such a price. The workmen employed by the petitioner company are opposite party No. 4, and are represented by the Russa Distillery Workers' Union. There is another Union by the name of the Bussa Distillery Employees' Union which represented 87 of the workers.;