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2023 Supreme(SC) 1153

HIMA KOHLI, RAJESH BINDAL
Hind Filters Ltd. – Appellant
Versus
Hind Filter Employees’ Union – Respondent


Advocates appeared:
For the Appellant(s) : Mr. S. Hariharan, Adv. Mr. Vikash Singh, AOR
For the Respondent(s): Mr. Sunil Kumar Jain, AOR Ms. Rashika Swarup, Adv. Mr. Sunny Choudhary, AOR Mr. Sandeep Sharma, Adv. Mr. Karan Bishnoi, Adv.

JUDGMENT :

RAJESH BINDAL, J.

1. Aggrieved against the order1 [Dated 11.05.2011] passed by the High Court2 [High Court of Madhya Pradesh at Indore] in the Writ Petition3 [W.P. (C) No. 824 of 2011] filed under Article 227 of the Constitution of India, the Management is before this Court in appeal. Vide the aforesaid order [dated 11.05.2011] three orders4 [Dated 30.06.2010, 12.08.2010 and 06.10.2010 passed by the Labour Court] passed by the Labour Court5 [Labour Court, Dewas, Madhya Pradesh] were set aside with a direction to the Labour Court to allow the appellants-Management to exercise liberty only in relation to correction of factual errors in the order.

FACTS

2. The facts of the case, as evident from the record, are that the appellants-Management moved an application under Section 25-N of the ID Act6 [The Industrial Disputes Act, 1947 (‘ID Act’)] seeking permission to retrench 45 workmen w.e.f. 01.12.2000. However, vide order dated 16.10.2000, the permission was declined by the Labour Commissioner and the application filed by the appellants-Management was rejected. Thereafter, the workmen raised certain demands on 09.10.2001, seeking increase of wages and other facilities. The Labo

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