- (1.) Feeling dissatisfied with the orders dated 2.3.1985 and 21.5.1985, Annexure P-3 and P-4, passed by respondent No. 1, the petitioner has filed this writ petition with a prayer to set aside the said orders.
(2.) It is pleaded by the petitioner that respondent No. 2 is a factory registered under the Factories Act and a licence has been issued by the State of Haryana for running the said factory. In the said factory, more than 1000 employees are working. The factory is manufacturing cables. The factory had different departments which are co-related. No department can function independently without the help of other. The employees are transferable from one department to another and for all purposes, the departments are functionally integrated. In addition to regular strength, the respondent No. 2 employs casual employees frequently.
(3.) It is further pleaded that the members of the Union who are employees of respondent No. 2 were in employment on regular basis for the last more than a decade. There was a settlement with regard to the terms and conditions of employment and the period of settlement was three years and the expiry of this settled period was brought to the notice of respondent No. 2. In order to victimise the employees, the respondent No. 2 mala fidely decided to close down one of the departments of the factory which was otherwise a part and parcel of the factory and the manufacturing process. In the said department, more than 80 industrial workers were employed and in order to achieve closure and to victimise the workers, respondent No. 2 issued letter dated 2.12.1984 (Annexure P-1) in which it was written that in the department proposed to be closed down, the strength was less than 100. Therefore, no sanction as prescribed under Section 25-O of the Industrial Disputes Act (in short the 'Act') was required and in the concluding para, permission was sought for the closure of the Wire Mill Department.;