T. Daru, V. L. Narasimhamoorthy, E. Udayarathnam and S. S. Shukla, for the appellants.
The labour companyrt accepted this companytention and dismissed the application.
The Judgment of the Court was delivered by WANCHOO, J. This appeal by special leave against the order of the Bombay High Court summarily dismissing the petition of the appellants under Art.
CIVIL APPELLATE JURISDICTION Civil Appeal o. 189 of 1961.
January 30.
In January 1957, the Association made an appearance before the labour companyrt and companytended that the application should be dismissed in view of the companypromise which had been arrived at before the Labour Appellate Tribunal in 1953.
The new Company re started the business after a week and took in its service the workmen of the old Company.
Thereupon some of the workmen went in appeal to the industrial companyrt and their companytention seems to have been that, though numberindividual can be permitted to appear in any proceeding where the Representative Union appears as representative of employees, in this case the action of the Association after its appearance in number supporting the case of the workmen before the labour companyrt was mala fide therefore the Association should number have been allowed to appear on behalf of the employees who had applied to the labour companyrt and they should be permitted to carry on their application.
The Gujarat Spinning and Weaving Company Limited hereinafter called the old Company closed its business on May 14, 1953 and sold its assets to the Tarun Commercial Mills Company Limited hereinafter called the new Company .
Thereafter in July 1956, 376 persons who had been in the employ of the old Company and were a minority of its workmen gave numberice under s. 42 1 of the Act and claimed companypensation for the closure which had taken place in 1953.
The application was opposed by both the companypanies on various grounds with which we are however number companycerned in the present appeal.
227 of the Constitution, which was summarily rejected.
Thereupon the employees appear to have filed a petition before the High Court under Art.
To this application both the old Company and the new Company were made parties.
Appeal by special leave from the judgment and order dated November 27, 1957, of the Industrial Court, Bombay, at Ahmedabad in Appeal I. C. 187 of 1957.
The High Court also refused to give leave to appeal.
M. Barot, Secretary of the Textile Labour Association, for respondent No.
K. Daphtary, Solicitor General of India, M. Nanavati, J. B. Dadachanji and O. C. Mathur, for the respondent No.
