Judgment

ALAGIRISWAMI J.:- By two notifications dated 22-6-1965 and 28-8l965 the Government of Bihar sent to the Labour Court, Chota Nagpur Division, Ranchi applications in respect of 73 workers of the appellant for decision under Section 33-C (2) of the Industrial Disputes Act for retrenchment compensation. The employer contended that it was a case of closure for reasons beyond its control and that therefore the workmen were entitled to compensation under the proviso to sub-section (1) of Sec. 25-FFF of the Act and not to retrenchment compensation. The workers contended, however, that they were entitled to retrenchment compensation under Section 25-F. The Labour Court held that it was a case of retrenchment. Two writ petitions filed by the employer before the High Court of Patna failed and these appeals have been filed in pursuance of a certificate of fitness granted by the High Court.

2. The argument on behalf of the appellant is that where there is a dispute before the Labour Court considering an application under Section 33-C (2) as to whether the workmen had been retrenched or the factory had been closed for reasons beyond the control of the employer, it was not a matter which t