S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by petitioner against the letter dated 5th June, 2003 issued by the 2nd respondent. Under Secretary Ministry of Labour, Government of India, New Delhi, whereby and whereunder the Union of India granted permission for closure of Surda Mines, Mosaboni Concentrator Plant and other allied departments of M/s. Hindustan Copper Limited. Further prayer has been made to set aside the circular dated 7th June, 2003 issued by 3rd respondent whereby and whereunder 7th June, 2003 was shown the date of closure of Surda Mines, Mosaboni Concentrator Plant and other allied departments.
(2.) ACCORDING to petitioner, the action on the part of the respondents is arbitrary and mala fide. They have not acted in accordance with law, nor applied their mind towards growth of the Company, namely, M/s. Hindustan Copper Limited. Their action is not only against the workmen but against the welfare of the tribal of the Sinbhum copper belt. It is alleged that the decision has been taken to close the industrial establishment and mines in question without giving the petitioner any opportunity of hearing. In the result, because of closure, more than 1200 workers of the mines will be affected and order of closure has been passed without complying with Section 25O of the Industrial Dispute Act, 1947 (for short I.D. Act). Mr. M.M. Banerjee, counsel for the respondents brought to the notice of the Court that out of 1140 workmen 1115 had already taken voluntary retirement as per Voluntary Retirement Scheme. The recognized union has also accepted the decision of closure of Surda Mines, Mosaboni Concentrator Plant and other allied departments in view of the fact that they are not viable project to continue with. The only objection is now raised by the petitioner, who is neither recognized, nor otherwise known. It is stated that the decision of closure has been taken by the respondents after notice and hearing the parties. Taking into consideration the report of viability of continue with the project, the question of violation of any provision of Industrial Dispute Act should not be looked into by this Court at this stage, there being remedy under the I.D. Act.
(3.) IT appears that a techno -economic viability of Surda Mines, Mosaboni Concentrator Plant and other allied departments was conducted by I.B.M., a reputed Company to find out its viability for continuation of operations. Such report was communicated by the Controller General, Indian Bureau of Mines, Ministry of Coal, Department of Mines, New Delhi vide letter dated 3rd December, 2002 to the Chaiman and Managing Director of M/s. Hindustan Copper Limited. The report show that the direct operational cost of Surda Mines excluding overheads, interest and HO expenses comes to Rs. 93,300/ -per ton of MIC as against Rs. 70884/ - per ton which implies that even if costs on overheads etc. are excluded Surda Mine incurs a loss of Rs. 22,416/ - per ton. Taking into consideration the report etc. and after following the procedure, the Government of India granted permission for closure of Surda Mines, Mosaboni Concentrator Plant and other allied departments. In the circumstances, as this Court cannot sit in appeal over the findings given by expert and decision taken by the competent authority, no relief can be granted.;