BLACKWOODS INDIA LTD. Vs. FIRST LABOUR COURT

JUDGEMENT

(1.) THIS rule is directed against an award and the connected proceeding under the Industrial Disputes Act, 1947. The petitioner, Blackwooda India Ltd., seeks to have the aforesaid award and proceeding quashed by an appropriate writ of certiorari and it seeke further, the issue of appropriate writs of mandamus and prohibition, commanding the opposite parties to forbear and refrain from enforcing and giving effect to the said award or taking steps in that behalf and also prohibiting them from doing the same. The rule arose under the following circumstances.

(2.) BY a notice, dated 8 May 1957, the petitioner company purported to close the Underwood Typewriters and O.E. Service Station (Eastern Division), which was described therein as an industry, on economic grounds and to terminate the services of all workers thereof with effect from the said date, namely, 8 May 1957. This termination of service was, according to the above notice, due to the aforesaid closure of the 'industry' the Underwood Typewriters and O.E. Service Station (Eastern Division). This action of the company was challenged by the Workers' Union (Blackwoods Workers' Union) and the said union characterized the company's plea of economic ground as a false plea and they challenged the aforesaid closure as mala fide and the proposed termination of the workers' service as unjust, unfair and opposed to the principles of natural justice. The resulting industrial dispute was referred by the State Government to the appropriate industrial tribunal for adjudication by or under the following order: - -

(3.) IT is really the last part of the above quoted award, relating to payment of compensation, which is challenged by the petitioner. It is, obviously, not aggrieved by the other part thereof which holds that the termination of the services of the employees was justified.