JUDGMENT: (Per Chavan, J.)

1. This appeal, by employer, takes exception to the judgment of the learned single Judge allowing Writ Petition No.243 of 1997, whereby the learned Judge allowed the complaint of the employees bearing No.942 of 1995, under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, which had been rejected by the learned Member, Industrial Court, Nagpur.

2. The appellant-employer is a small scale industry which commenced production in the year 1985. On 17.10.1993 the appellant gave a statutory notice of closure, since due to financial difficulties, the appellant was not in a position to run the factory. On completion of the statutory period of sixty days, on 17.12.1993, the employees were paid compensation admissible under Section 25-FFF of the Industrial Disputes Act. On 18.01.1994 the respondents, who claimed to be the representatives of employees, applied before the Labour Court complaining of an illegal change and illegal lock out in the garb of closure. In June, 1995 the company made efforts to restart the factory on trial basis, and though it claimed that it had no obligation to pay the employees whose

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