AIROnline 2025 SC 453

Supreme Court Of India

(From : AIROnline 2023 BOM 2709)

Hon'ble Judge(s): Sanjay Karol, Prashant Kumar Mishra , JJ

Industrial Disputes Act (14 of 1947) , S.25O, S.39— Closure of industrial units - Deemed closure - Applicability of provision for - Application for closure was addressed to competent authority - Deputy Secretary, Ministry of Labour responded through letters that no sufficient reasons were provided for closure by appellant and asked to resubmit their application - Authority to ask appellant to revise and resubmit application for closure vested with the minister and not the Deputy Secretary - There was nothing on record to show independent application of mind by minister and sub-delegation was not permitted by law - Communication made by Deputy Secretary was without legal sanction - In facts of case, appellant had pointed out that there was no opportunity or avenue for production - Application for closure was complete in all respects - On completion of period of sixty days mentioned in S 25-O(3) of Industrial Disputes Act, deemed closure would take effect - High Court erred in holding that establishments of appellants were not deemed to be closed on expiration of period of 60 days from date of submission of closure applications. AIROnline 2023 BOM 2709-ReversedAIROnline 2023 BOM 2709-Reversed (Para 16 17 18 20 21 22) ....