JUDGMENT - M.L. PENDSE, J. :- Appeal admitted. Shri Dixit on behalf of the State Government and Shri Bhatt on behalf of respondent No. 2 waive service. By consent, appeal taken on board and called out for hearing. Heard Counsel.

2. The question which falls for determination in this appeal is about the exercise of powers of review under sub-section (5) of section 25-O of the Industrial Disputes Act, 1947. The facts which gave rise to the dispute are not controverted and are required to be briefly set out to appreciate the grievance of the appellants.

M/s. Vazir Glass Work Ltd. - respondent No. 2 is an undertaking which has a factory at Andheri, Bombay and which employed about 750 workmen. On August 14, 1992 the Company filed an application before the State Government seeking permission to close the undertaking with effect from November 16, 1992 in accordance with provisions of section 25-O of the Act read with Rule 82-B of the Industrial Disputes (Bombay) Rules, 1957. Section 25-O of the Act sets out the procedure for closing down undertaking and sub-section (1) requires employer who intends to close down an undertaking to apply for prior permission, at least 90 days before the date

Click Here to Read the rest of this document