- (1.) The instant writ application witnesses a challenge to the award dated 6th September, 1996, passed by the Labour Court, Ajmer. The President, Ajmer Adhyogik Karmachari Sangh, Ajmer, (hereinafter referred to as 'petitioner-Sangh', for short), in the writ application, has prayed for the following relief(s):- "(A) Call for the relevant file LCR No.4/96(35/84- Ajmer Udyog Karmachari Sangh V/s M/s Toshniwal Industries Pvt. Ltd., Ajmer) from the Respondent No.1. (B) To issue a writ of mandamus, order or direction and thereby quash and set aside the Award Ex.3 and consequently declar "lay off" of workman of Servashri Dhan Singhi, Shanker Singh and Ratan Singh (vide Ex.1/Ex. M-3 and Ex.2/ Ex.-M-5) as illegal, unlawful and invalid. (C) Issue a writ of mandamus, order or direction and thereby direct the manangement to pay to the aforesaid workmen the arrears of wages with all consequential benefits, deducting the amount already paid to them. (D) Costs of this writ petition be also allowed to the petitioner from the Respondent. (E) Any other relief in the facts and circumstances of the case that this Hon'ble High Court deems just and proper, may also kindly be allowed and passed in favour of the petitioner."
(2.) Briefly, the indispensable material facts necessary for appreciation of the controversy raised needs to be first noticed. The reference, made by the State Government on 23rd January, 1984, was forwarded to the Labour Court, Jaipur for adjudication, which was registered as LCR No. 35/1984, and was subsequently transferred to the Labour Court, Ajmer, and was registered as LCR No.4/1996 at Ajmer.
(3.) The petitioner-Sangh assailing the legality, validity and correctness of the action of the management of M/s Toshniwal Industries Pvt. Ltd., Ajmer (hereinafter referred to as 'respondent-employer', for short) while resorting to "lay off" and "retrenchment", in their factory from January, 1981 and in the year 1980, wherein the number of workers on the Muster Roll was more than 300, alleged it to be illegal, arbitrary and contrary to the provisions under the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act of 1947', for short).;