- (1.) THE petitioner is an association of employees of Larsen and Toubro Limited. The petitioner has invoked the writ jurisdiction of this Court challenging the notice of closure of establishment (Annexure P-8) dated February 2, 2008. It is the case of the petitioner that the respondent-establishment had more than 100 workmen on its establishment and thus, provisions of Chapter VB of Industrial disputes Act, 1947 (for short the 'act') would be applicable and whereas, the retrenchment has been effective in terms of Chapter VA of the Act. The case of the petitioner is based on form no. 11 furnished by respondent-establishment under the provisions of Factories Act, 1948 to contend that the respondent-establishment has more than 100 workmen. On behalf of the respondents-management, it is pointed out that the declaration form No. 11 (Annexure P-6)referred to by petitioner is under the provisions of Factories Act, 1948 where the definition of 'worker under Section 2 (1) of the said Act is substantially different from the definition of 'workman' contained in Section 2 (s) of the act. It is contended that the respondent-establishment has not more than 100 workmen and, therefore, the retrenchment has been effected in accordance with the provisions of the Act. It is contended that in any case, the dispute regarding the number of workmen employed with the respondent-establishment is required to be adjudicated in an appropriate forum and not by way of writ petition. The arguments raised by learned counsel for the parties raises disputed question of fact in respect of number of workmen employed. The petitioner has given a demand notice on february 5, 2008 subsequent to the closure notice on February 2, 2008. Therefore, the dispute "whether there are more than 100 workmen or not can be appropriately adjudicated before the forum created under the act. In view of above, the writ petition is dismissed with a liberty to the petitioner to seek its remedy as contemplated under the Act.;