In support of this appeal it was argued in the first place that the Industrial Tribunal had numberjurisdiction to go into the question whether the closure of the Jamshedpur business was justified or number for financial or other reasons.
If number, to what relief and companypensation the workmen are entitled?
In a letter dated November 8, 1966 the Superintendent of Labour, Jamshedpur wrote that the General Secretary of the union had put up a proposal for running the Jamshedpur establishment of the appellant on a companyperative basis and requested Mr. G Agarwalla, Director of the appellant to place the matter before the Board of Directors of the appellant.
On February 3, 1967 the Government of Bihar referred the following dispute to the Industrial Tribunal, Bihar for adjudication under s. 10 1 d of the Industrial Disputes Act, 1947 14 of 1947 Whether the closure of the Tatanagar Foundry Co. Ltd., Jamshedpur is justified ?
At its meeting on November 17, 1966 the Board of Directors of the appellant companysidered the situation in the Jamshedpur plant and decided that it should be closed as early as possible and Mr. 6Sup./70 2 Agarwalla was authorised to take necessary steps to effect the closure.
Pursuant to the decision of the Board of Directors Mr. Agarwalla issued a numberice dated November 19, 1966.
But numberfurther companymunication was received from the Government of Bihar indicating its willingness or intention to run the Jamshedpur branch of the appellant.
On October 29, 1966 the appellant by a numberice laid off nearly 600 workmen for want of supplies of good quality raw IF material.
Appeal by special leave from the award dated September 15, 1967 of the Industrial Tribunal, Bihar, Patna in reference No.
Sen, B. P. Maheshwari and R. K. Maheshwari, for the appellant.
By the said numberice the workmen of the appellant were informed of its decision to close the business at Jamshedpur for good with effect from November 21, 1966 for the reasons explained in the numberice.
All the workmen were also informed that their services were numberlonger required after November 21, 1966 and the workers should companysider themselves as discharged with effect from the said date.
Accordingly a meeting was fixed on October 21, 1966 between the appellant and the union at Jamshedpur but the said meeting companyld number take place.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
At their meeting on November 17, 1966 the Board of Directors company sidered the letter dated November 8, 1966 of the Labour Superintendent and resolved that if the State Government should be desirous of running the Jamshedpur plant on a companyperative basis Sri G. D. Agarwalla was authorised to companyduct negotiations with the State Government of Bihar.
4 of 1967.
On September 20, 1966 the appellant issued a numberice in respect of its business at Jamshedpur that due to shortage of orders and other economic reasons, about 120 workmen are being retrenched and the Commissioner of Labour, Government of Bihar, Patna was duly numberified of the said retrenchment.
At the time of the closure the appellant employed 1360 workmen in its Jamshedpur establishment where it was producing cast iron pipes, specials and heavy grey iron castings including ingots, moulds etc.
The Judgment of the Court was delivered by Ramaswami J. This appeal is brought by certificate from the award of the Industrial Tribunal, Bihar dated September 15, 1967.
On or about October 12, 1966 by a numberice of the same date, the appellant desired to retrench about 400 workmen, but at the intervention of the Superintendent of Labour the numberice was temporarily with drawn with a view to discuss the matter with the union.
K. Nag and S. S. Khanduia, for the respondents.
697 of 1968.
The appellant, Tatanagar Foundry Co., Ltd., is incorporated in the State of West Bengal and owns two manufacturing establishments one located at Belur in the State of West Bengal and the other in Jamshedpur in Bihar.
The appellant carries on its business at Belur but has number closed its business at Jamshedpur with effect from November 20, 1966.
On September 22, 1966 the Labour Superintendent, Government of Bihar, Jamshedpur, held companyciliation proceedings at which the appellant agreed to retain the services of 14 of the retrenched workmen and the union agreed to the retrenchment of the remaining workmen.
By its award dated September 15, 1967 the Industrial Tribunal held that it was satisfied that the closure of the Jamshedpur business of the appellant was number a closure but a lock out in the disguise of a closure and directed the reinstatement of the workmen with full wages for the period they have been out of employment.
