B.C.MITRA, J. - (1.) THE petitioner is a sterling company incorporated under the English Companies Act with its registered office in London. It has an Indian branch at Nos. 28 and 30, Chittaranjan Avenue, Calcutta, and a workshop at No. 109, Foreshore Row, Howrah. It carries on business as water purification engineers. The total number of employees of the petitioner in its Calcutta and Howrah establishments were 88 in all. At a meeting of the board of directors of the company held at its registered office in London the following resolution was passed: It was resolved to close down all Jewell Filter Company, Ltd.'s, activities and thereafter to take the company into voluntary liquidation.
(2.) PURSUANT to this resolution the branch office in Calcutta decided to close down permanently, its activities in India both at the Calcutta and Howrah establishments, and a notice to that effect was put up on the notice -boards at the company's offices in Calcutta and Howrah on 26 December 1967. By this notice the workmen were informed that they would be paid their dues in accordance with the provisions in the Industrial Disputes Act on 29 December 1967. Certain conciliation proceedings were started by respondent 3 regarding the proposed closure of the petitioner's business. On 29 December 1967, individual notices were sent to workmen of the petitioner of both its Calcutta branch office and the workshop, that their services would not be required from the close of 31 December 1967, and they would be paid one month's salary in lieu of notice besides other dues.
(3.) THE petitioner received a letter dated 29 December 1967, from the Joint Labour Commissioner, West Bengal, requesting the petitioner to defer closure of the branch office at Calcutta for the present. The petitioner thereupon decided to defer the closure till 1 February 1968. Further conciliation proceedings were held but no settlement was arrived at such proceedings. Individual notices were thereafter sent by the petitioner to its employees that the activities of the branch office at Calcutta and also of the workshop at Howrah would be closed from 31 January 1968, and that the services of the employees would not be required upon the expiry of 31 January 1968. The employees were also advised that they would be paid one month's salary in lieu of notice, retrenchment compensation under Section 25FFF of the Industrial Disputes Act and also other dues, between 22 and 25 January 1968. Further conciliation proceedings were held but without any result. Thereafter a meeting was held by the Labour Minister of the Government of West Bengal In his chamber on 27 January 1968, when a request was made by the Labour Minister to the representatives of the petitioner to defer the closure of the activities of the petitioner's business in India up to 31 March 1968. This request of the Minister was conveyed to the petitioner by a letter dated 27 January 1968. The petitioner, however, did not comply with the request of the Labour Minister, and closed down its activities in India with the close of the business on 31 January 1968. The petitioner's contention is that the services of the employees stood terminated with effect from 1 February 1968, on account of bona fide closure of the petitioner's business. It is also contended by the petitioner that there was no talk or suggestion of a lockout of the petitioner's establishments in India.;