JUDGMENT - ASHOK GARWAL, J.:---The Hindustan Lever Limited, the second respondent herein, discontinued the manufacture of their product Rin in their Sewri Plant at Bombay with effect from April 1988. The petitioners, the employees Union, have come up with a grievance that this amounts to a closure as contemplated under section 2(c) of the Industrial Disputes Act. Since the Management has not obtained permission under section 25-O to close down they are liable for being prosecuted under section 25-O. The petitioners seek a writ of mandamus directing the State of Maharashtra, the first respondent herein, to prosecute the second respondent and its Chairman for their unlawful closure of the Rin Department.

2. Mr. Singhvi, the learned Advocate appearing in support of the petition, strenuously submitted that though the discontinuance of the manufacture of the product Rin has not brought about retrenchment of the workers, since the workers have been re-employed in other departments, this was a modus operandi which would enable the Management to seek retrenchment at a later date on the ground that the workers have become surplus. He further contended that the Management had transferred th

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