1. Heard Mr. V.P. Marpakwar, learned Counsel for the petitioner. None appears on behalf of the respondents.

2. The petitioner has challenged the Order, dt.7.8.2007 passed by the Industrial Court, Nagpur in Complaint (ULP) No.412 of 2004 whereby the complaint filed by the respondents was partly allowed and layoff declared by the petitioner was held illegal and full back wages were granted for the period of lay off. The Court held that the petitioner herein committed the unfair labour practice while resorting to layoff and not paying Wages (vide item 9 Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The payment of workers was held as wrongfully withheld by the employer.

3. It is argued that the petitioner is an ‘industry’ engaged in manufacturing of Gas Cylinders at Kalmeshwar, District Nagpur and the provisions of the Bombay Industrial Relations Act, 1946 are applicable and not Chapter VB of the Industrial Disputes Act, 1947.

4. Mr. V.P. Marpakwar, learned Counsel for the petitioner relied upon the ruling in the case of Tatanagar Foundry Co. Ltd. vs. Their Workmen reported in AIR 1962 SC 1533 to argue that it is no