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2008 Supreme(SC) 912

ARIJIT PASAYAT
Cable Corpn. of India Ltd. – Appellant
Versus
Additional Commnr. of Labour – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court upholding the view of a learned Single Judge that once the review application in terms of Section 25-N(6) of the Industrial Disputes Act, 1947 (in short the `Act') is rejected, the appropriate Government/specified authority is not precluded from making a reference for adjudication under the said provision.

2. Background facts in a nutshell are as follows: The appellant company was established in 1957 for the manufacture of high voltage electric cables and wires. The company has manufacturing units at Borivli and Nasik. In the present case we are concerned with the Company's unit at Borivli. The company made an application in terms of Section 25-N(2) to the Specified Authority on 16.1.2003 to retrench 280 workmen out of 509 workmen working at its Borivli Unit. The Specified Authority, after giving an opportunity of being heard to the company, workmen and other interested persons, including workers unions and after conducting an inquiry, by a reasoned order dated 29.4.2003 partly allowed the application preferred by the company by granting permission to retrench 2






















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