- (1.) PETITIONER i. e. Lal Jhanda rockman Cycle Industries Workers' union, has invoked the extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of certiorari quashing the impugned order dated 2-11-2006, copy annexure P17 and dated 15-12-2005, copy Annexure p20, vide which the permission has been granted to respondent No. 3 for closure of their establishment under section 25-O of the Industrial Disputes act, 1947 (hereinafter referred to as the Act ).
(2.) THE brief facts which need to be noticed are that m/s Rockman Industries Limited-respondent No. 3, is a part of Hero Group of Industries. It consists of two divisions i. e. (i) Cycle Division (ii) Auto Division, the company-respondent No. 3 was set up in the year 1961 and started manufacturing bicycle chains in the year 1961. The workers were shifted from the original set up to A-7, Focal Point, Ludhiana. It has been averred that Cycle Division has approximately 850 permanent workers, out of which 550 workers are engaged in the manufacturing of cycle chains and hubs, They are occasionally required to work in the auto division as well. However, the balance workers/staff i. e. 300 are common for cycle division as well as auto division. The endeavour is to show that for both the divisions there is a common union of the workers.
(3.) RESPONDENT No. 3 submitted an application dated May 29 2005 under section 25 (O) of the Act before the State Government for seeking permission for closing the undertaking i. e. Cycle Division of respondent No. 3, with effect from August 25, 2005. The plea put forth has been that the unit has suffered continuous losses, which occurred due to indiscipline of the workers in the factory, disobedience of the lawful orders of superiors by the workers in the factory; threatening to stop production on one pretext or the other. Another reason spelt out is that there has been no decrease in the strength of the employees but the production of bicycle chains and hubs had decreased considerably. The State government granted permission to respondent No. 3 with effect from October 31, 2005. Copy of the order dated November 2, 2005, has been appended as Annexure P-17.;