HINDUSTAN MOTORS LTD Vs. STATE OF WEST BENGAL
LAWS(CAL)-1999-3-52
HIGH COURT OF CALCUTTA
Decided on March 26,1999

HINDUSTAN MOTORS LTD. Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

P.C.Ghose, J. - (1.) This is an application filed by the petitioners inter alia praying for the following relief:- (a) A writ of and/or in the nature of certiorari do issue calling upon the respondent Authorities and each of them to certify and transmit to this Hon'ble Court the records of the case culminating in the order dated January 5, 1999 passed by the respondent No. 2 forwarded by the said letter dated January 14, 1999 by the respondent No. 3 so that upon consideration thereof the same may be quashed and conscionable justice may be rendered to the petitioner. (b) A writ of or in the nature of mandamus do issue commanding the respondents and each of them to - (i) Forthwith rescind, revoke, withdraw or cancel the aforesaid order dated January 5, 1999 passed by the respondent No. 2 and forwarded to the petitioner No. 1 by the respondent No. 3. (ii) Grant permission to the petitioner No. 1 to implement the scheme of lay-off as proposed in its application before the respondent No. 2. (c) Rule NISI in terms of prayers (a) and (b) above. (d) If no cause or insufficient cause be shown, the Rule be made absolute, (e) Pending disposal of the instant application the petitioner No. I be allowed to implement its said Scheme of lay-off at its said Industrial Unit at Hindmotor, Hooghly; (f) Costs of and incidental to this application be borne by the respondent authorities; (g) Sucli further and/or other order or orders be passed and/or direction and/or directions be given as to this Hon'ble Court may deem fit and proper.
(2.) The facts of the case are briefly stated as follows:-
(3.) In the instant application, the petitioners (hereinafter referred to as "HM") are challenging an order dated January 5, 1999 (hereinafter referred to as "the said order") passed by the Joint Secretary, Labour Department, Government of West Bengal rejecting HM's application under Section 25-M of the Industrial Disputes Act, 1947 (hereinafter referred to as "the said Act") seeking permission to lay-off the workers employed at HM's Uttarpara Factory (hereinafter referred to as "the said factory") for 3 days a week (consisting of 6 working days).;


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