Consequent upon the closure of the said companypany, there were various statutory and legal dues of the workmen, and for that purpose they filed Applications under Section 33 C of the Industrial Disputes Act, 1947 as well as under the Payment of Gratuity Act.
Thus, one Application was allowed by order dated 4.3.2005 for a claim of Rs.4,71,781/ , another Application was allowed by the order dated 30.8.2005 for a claim of Rs.16,66,585/ and the third Application filed under the Payment of Gratuity Act was allowed by order dated 13.9.2005 for a sum of Rs.7,78,696/ , resulting into total dues of Rs.29,17,062/ .
Fearing that the amount recovered by the sale of the leasehold rights of the companypany will seriously erode the dues of workmen, the respondents filed a writ petition before the High Court.
Having waited sufficiently, the respondent Trade Union wrote to the Deputy Commissioner of the Mysore District, Mysore by its letter dated 28.8.2008 seeking recovery of these amounts.
The learned Single Judge of the Karnataka High Court dismissed this writ petition, though the appeal therefrom was allowed by a Division Bench of the High Court.
The claim of the workmen as aforesaid was for Rs.29,17,062/ .
This special leave petition seeks to challenge the judgement and order dated 16.12.2009 rendered by a Division Bench of the Karnataka High Court in Writ Appeal No.1382/2009 whereby the writ appeal filed by the respondents was allowed, and the order passed by the learned Single Judge of the High Court dismissing Writ Petition No.4529/2009 filed by the respondent was set aside.
Being aggrieved by the judgment and order passed by the Division Bench of the High Court, the present special leave petition has been filed by the petitioner.
Ltd. This companypany closed down its manufacturing activities sometime in January, 2002, leaving some 83 workmen jobless.
Heard Ms. Kiran Suri, learned companynsel for the appellant in support of this petition and Mr. Raghupathy, learned companynsel appearing for the respondent Trade Union.
Those applications were allowed by the companycerned authorities.
