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1981 Supreme(AP) 49

P.A.CHOUDHARY
T. Gattaiah – Appellant
Versus
Commissioner of Labour – Respondent


P. A. CHOUDHARY, J.

( 1 ) THIS is an application under Art. 226 of the Constitution filed by eighty-seven workmen of I. D. L. Chemicals Limited, Hyderabad (hereinafter referred to as "the company complaining against their lay-off and retrenchment by the said company. These petitioners had been laid-off on 8/02/1980, and they were later retrenched on 7/04/1980. The petitioners claim that their lay-off as well as retrenchment was brought about by the said company contrary to the mandatory provisions of the Industrial Disputes Act, 1947 as amended by the Industrial Disputes (Amendment) Act, 1976 (XXXII of 1976 ). It is on that basis that they pray this Court should issue a writ in the nature of mandamus or nay other appropriate writ or direction directing Commissioner of Labour, the first respondent herein to hold that their lay-off and retrenchment were in violation of the statutory provisions and are, therefore, null and void and to direct the said company to continue them in service with back wages.

( 2 ) THE Commissioner of Labour, Hyderabad although served with rule nisi of this Court, entered no appearance and filed no counter. He virtually remained ex parte. The company, the sec





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