P.A.CHOUDHARY
T. GATTAIAH – Appellant
Versus
COMMISSIONER OF LABOUR HYDERABAD – Respondent
( 1 ) THIS is an application under Article 226 of the Constitution filed by eighty seven workmen of IDL 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 8-2-1980 and they were later retrenched on 7-4-1980. 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 (Act No. XXXII of 1976 ). It is on that basis, that they pray this Court should issue a Writ in the nature of Mandamus or any other appropriate Writ or direction directing the 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 laid 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,
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