( 1 ) IN the two Writ Petitions, presented by a public limited Company-Stumpp, Schuele and somappa Limited and one of its share-holders, the following question of law arises for consideration : "whether S. 25-O of the Industrial Disputes Act, 1947 ('the Act' for short) which requires the permission of the appropriate Government for closing down an industry to which part V-B of the act applies is void on the ground that it is violative of the fundamental right guaranteed under art. 19 (1) (g) of the Constitution of India ?"

( 2 ) THE facts and circumstances which have given rise to the above question, briefly, are as follows :

(i) (a) Prior to the amendment of the Act by the Industrial Disputes Amendment Act, 1976, there was no condition imposed by any of the provisions of the Act requiring an owner of an industry to secure the permission of the appropriate Government to close down the industry. Similarly there was no such condition for effecting lay-off or retrenchment. With the object of imposing restraints on the decisions of the owners of industries in the matter of laying off or retrenching their workmen and also in the matter of closures, with the object of protecting the work

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