G.S.SANDHAWALIA, J. - (1.) CHALLENGE in the present writ petition is to the order dated 27.03.2014 (Annexure P -6) passed by the Labour Court, Gurgaon whereby, the application filed by the workman against the closure notice of the respondent -company was rejected. In the application, the workman had claimed that appropriate directions be issued to the respondent -company against the closure of the unit before the date of closure i.e. 31.03.2014. A perusal of the paper book would go on to show that the petitioner -workman was retrenched alongwith 9 other workmen and reference was made on 12.05.2003 to the Labour Court as to whether the retrenchment was legal or not and whether their financial demands were justified.
(2.) IT is not disputed that the reference is pending before the Labour Court at Gurgaon. It seems that during the pendency of the reference, the management filed an application dated 28.01.2014 wherein, it was mentioned that the company was running under heavy financial losses and it had become practically impossible to run the factory and it had been decided that the company would be closed on 31.03.2014. It was mentioned that all statutory dues payable to the employees in terms of the closure as per Section 25 -FFF Industrial Disputes Act, 1947 (in short 'the Act') would be paid and accordingly, intimation was sent to the Secretary, Labour Department. The workmen served legal notice dated 19.02.2014 upon the Labour Commissioner pleading that their interests be safeguarded as their reference was pending at final stage and if the closure was there, it would start a new set of litigation.
(3.) THEREAFTER , an application was filed before the Labour Court, before whom the reference is pending, taking the plea that under Section 33 (1) of the Act the service conditions were being altered and no written permission had been taken from the Tribunal for closure.;