MAHARAJ WEAVING MILLSAMRITSAR Vs. STATE OF PUNJAB
LAWS(P&H)-1959-8-2
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 28,1959

MAHARAJ WEAVING MILLS, AMRITSAR Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Falshaw, J. - (1.) This is a Letters Patent appeal against the order of Bishan Narain, J. dismissing a petition filed under Article 226 of the Constitution by the appellant, the Maharaj Weaving Mills, Amritsar.
(2.) The relevant facts are that on the 10th of December 1956 the management of the Mill gave notice to its workmen individually that it had decided to close the Mill as from the 10th of January 1957 in view of heavy financial losses. The Mill was in fact closed on the 10th of January 1957, but a few days after that several workmen made a counter-demand to the management to recall the notice of closure as being mala fide and made with the object of harassing the workmen and also making certain other demands. The workmen were informed by letter, dated the 30th of January 1957, that the Mill had been closed on the 10th of January and that the workmen had been paid their dues in full and final settlement, a copy of this letter being sent to the Labour Inspector.
(3.) The Punjab Government came to the con-elusion that an industrial dispute existed between the Mill and its workmen and by its order, dated the 23rd of July 1957, referred the following dispute to the Labour Court under Section 10 (1)(c) of the Industrial Disputes Act (Act No. 14 of 1947): "Whether the workmen of the Maharaj Weaving Mills (list to be supplied by the Union), who were retrenched by the management on the closure of the Mills, are entitled to retrenchment compensation. If so, what should be the quantum of such compensation and the terms and conditions of its payment to the workmen concerned?";


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