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2007 Supreme(Bom) 445

Bon Limited Mumbai – Appellant
Versus
Hindustan Lever Employees Union and another – Respondent


JUDGMENT :-

1. Heard the learned Counsel for the petitioners and the learned Counsel for the respondent.

2. Both these petitioners are challenging the order passed by the Tribunal holding that the reference which is made by the Government is maintainable. Brief facts which are relevant for the purpose of deciding these petitions are as under :-

3. The petitioner in Writ Petition (Lodging) No.474/2007 transferred its company to the petitioner in Writ Petition No.534/2007 Bon factory, Mumbai, by a deed of transfer and in the terms of settlement which was arrived between the parties, it was agreed that the workmen who were working with Hindustan Lever Ltd. in the said factory would be given an option to join services of Bon Limited. Pursuant to the said option which is given, all the workmen except 47 workmen had given their option and were transferred to the company Bon Limited with effect from 17.7.2005.

4. Thereafter, the petitioner company Bon Limited made an application to the Competent Authority under Section 25-O of the Act seeking permission to close down the Bombay factory. This application was rejected by the Competent Authority on 16.3.2006. Thereafter, the petitioner comp


























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