JUDGMENT

S.C. Gupte, J. - This petition challenges an order passed by the Industrial Court at Pune allowing a complaint of unfair labour practice. The complaint, filed by the Respondent union, challenged a notice of closure given by the Petitioner management. By this notice, one of the two divisions of the company at its factory at Chakan, Pune, namely, diecasting division, was proposed to be closed. It was the case of the Respondent union that this closure was sham and was, in fact, an illegal lockout amounting to an unfair labour practice under Item 6 of Schedule II and also under Items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ("PULP Act").

2. It is the case of the Petitioner management that at its Chakan factory, it had two distinct undertakings, namely, the diecasting factory and the fan factory. The two factories, called divisions, were located in separate premises and buildings though within the same complex. The diecasting division employed about 34 workmen. There was no interchange or transfer of workmen from one division to another; the diecasting division had separate machinery which was not