959 and 960 of 1977 S. Nariman, M. F. D. Damania, G. D. Dave and Rameshwar Nath for the Petitioners in W.P. 644 of 977.
Feeling companypelled to take a decision to close down the factory, the Company served a numberice on the State Government under section 25 O 1 of the Act on September 16, 1976.
917 OF 1977 In this case the first petitioner is Acme Manufacturing Co. Ltd. and the second petitioner, citizen of India, is one of its shareholders.
WRIT PETITION No.
The Company owns a factory at Vithalwadi, Kalyan Bombay which manufactures aluminum rods, AAC and ACSR companyductors, P.V.C. cables and welding electrodes.
S. Nariman and O.C. Mathur for the Intervener in P. No.
G. Nadkarni and K. L. Hathi for the intervener in P. 917/77 Mazdoor Congress .
Mr. 1017 Damania, learned companynsel for the petitioners briefly drew our attention to the facts of this cases which were of a nature adverted to above.
D. Damania, K. L. Talsania, 1.
The order of the State Government refusing permission to the petitioner companypany to close down the undertaking is dated the 23rd December, 1976.
The Wadala unit of the petitioner companypany is engaged in the business of manufacturing and selling Diesel oil Engines, Mechanical Lubricators, Engine Valves and Push Rods etc.
K. Ramamurthi and K.M.K. Nair for the Intervener in P. 644/77 State of Kerala .
644 of 1977.
The State Government companymunicated their refusal in their letter dated the 29th July, 1977 enclosing therewith a companyy of their order companyched in identical terms as those in the case of Excel Wear.
N. Shroff, H. S. Parekh and M. R.P. Kapur, for the Petitioners in W.P. 917/77.
644/77 Tube Investment .
The case of the Labour Union, the third respondent, was presented by Mr. S. J. Deshmukh.
Ramamurthi and Miss Vaigai for R. 3 in W.P. 959 960/77.
The Company, therefore, applied to the State Government of Maharashtra on May 2, 1977 under section 25 O 1 of the Act for approval of the intended closure.
In the petitions under companysideration Mr. Nadkarni appeared for an intervener Labour Union and Mr. M. K. Ramamurthi for two intervener States of West Bengal and Kerala.
The petitioners were obliged to decide to close down the undertaking due to huge losses incurred by them on account of low productivity, serious labour unrest and indiscipline resulting in various incidents of assaults or the like.
959 960 State of West Bengal .
1 2 in W.P. Nos.
ORIGINAL JURISDICTION Writ Petition No.
The Union of India, respondent number 1, was represented by Mr. U. R. Lalit and Mr. M. C. Bhandare appeared for respondent number 2.
WRIT PETITIONS 959 AND 960 OF 1977 Mr. K.K. Singhvi, appearing for the petitioners in this case apart from supporting the argument of Mr. Nariman drew our attention to the facts of this case which were more or less of a similar nature as in the case of Acme Manufacturing Co. Ltd. Petitioner No.
K. Singhvi, F.D. Damania, I.R. Joshi, P. H. Parekh and M. Mudgal for the Petitioners in W.P. Nos.
K. Ramamurthi, A. K. Ganguli and G. S. Chatterjee for the Intervener in W.P. Nos.
959 960/77.
2 is a citizen of India and is a shareholder of Apar Private Ltd., petitioner No.
R. Lalit for Union of India , M. C. Bhandare for the State of Maharashtra , E. C. Agrawala and M. N. Shroff for RR.
644, 959, 960 and 917 of 1977.
644 of 1977.
