- (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.38 & 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 Limited'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 December 26, 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 December 29, 1967. Certain conciliation proceedings were started by the respondent no.3 regarding the proposed closure of the petitioner's business.
(3.) On December 29, 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 December 31, 1967, and they would be paid one month's salary in lieu of notice besides other dues.;