- (1.) THE petitioner Maulins of India Limited has two factories, one at Mohali in Punjab and the other at No. 12, Biren Roy Road (West), Behala, Calcutta -34. The petitioner -Company manufactures machines for manufacturing cigarettes, for packing pharmaceuticals, general purpose packaging machines and table -top off -set printing machines etc. at the said Mohali factory in Punjab. At its factory at Behala the petitioner -company manufactures spare -parts for cigarette industry and other precision engineering items. The Company employed about 247 workmen at the said factory at Behala including 10 canteen boys.
(2.) ON 19th September, 1987, the Company submitted an application for permission to close down the factory at Behala. The grounds were that there has been a serious decline in the demand for the products of the Company. Owing to the reduced off -take of the Company's products, the goods manufactured remained in stack and unsold, which in turn resulted in six -fold burden of interest over the last four years. Due to depression in market, increased labour costs, decrease in sales of the Company's products at Behala, there have been mounting losses over the last three years i.e. 1985, 1986 and first half of 1987. According to the Company it has become almost impossible to fund the losses arising out of the depressed market condition for the products of the Company from the Behala Unit. The financial results of the company (which relate to both its establishments) snowed losses to the extent of Rs. 87/ - lakhs approximately during the years 1985 and 1986 and further Rs. .82 lakhs during the first six months of the subsequent year that is, upto June, 1987. According to the company the Behala Unit is mainly responsible for such losses.
(3.) THEREAFTER on 20th October, 1987 a formal hearing was given to the petitioner -company, by the Deputy Secretary, Department of Labour, being concerned Authority. The said Deputy Secretary, Labour Department, Govt. of West Bengal, has been made the Respondent No. 2. The Respondent Nos. 4 and 5 are the unions of the employees which made representation and submissions to the Deputy Secretary, Department of Labour, Government of West Bengal being the Respondent No. 2. It does not appear that any opportunity was given to the Company to controvert the representations of the Labour Unions. Furthermore, the case of the petitioner is that the representations of the Labour Unions were heard in the petitioner's absence. Thereafter by an order dated 12th November, 1987 the said application of the petitioner -company was rejected. A copy of the said order is annexed to the petition.;