2006 Lab IC 4254 ::2006 (6) AIR Bom R 148 ::2006 (6) All MR (NOC) 69 (BOM) ::2006 (4) Mah LJ 492 ::2006 (4) Bom CR 625 ::2006 (3) Lab LJ 810

Bombay High Court

Hon'ble Judge(s): S. B. Mhase, S. R. Sathe , JJ

(A) Industrial Disputes Act (14 of 1947) , S.2(cc), S.2(oo), S.25FFA— Closure or retrenchment - Determination - Policy adopted by Company to curtail certain activities and to close certain departments of Company - Removal or retrenchment of workmen working in those departments - Business of Company not closed entirely - If company had an intention to resort to policy of closure then certainly they had issued 60 days notice but, they issued notice required for retrenchment - Case is of retrenchment of workmen and not closure of Company. (Para 20 22) (B) Industrial Disputes Act (14 of 1947) , S.25G, S.25F— Industrial Disputes (Bombay) Rules (1957) , R.81— Retrenchment of workmen - Validity - Employer failed to maintain seniority list of workmen - Rule of last come first go not followed - No reasons recorded for deviation from said Rules - Breach of S. 25-G and R. 81 by employer in effecting retrenchment - It amounts to unfair labour practice - Order of retrenchment liable to be set aside. Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (1 of 1972) , Sch.4 Item.9— (Para 33 35 36) .....