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2023 Supreme(Bom) 890

S. V. GANGAPURWALA, SANDEEP V. MARNE
Harinagar Sugar Mills Ltd – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
S.C.Naidu, Advocate, Abhay Jadega, Advocate, Arun Unnikrishnan, Advocate, L.T.Satelkar, Advocate, Jyoti Chavan, Advocate, S.B.Gore, Advocate, Shailesh Pathak, Advocate, Jay Vora, Advocate, Moin Khan, Advocate, Vishal Ghosalkar, Advocate, Arshad Shaikh, Advocate, Sunil Kharwar, Advocate

JUDGMENT

SANDEEP V.MARNE,J. - The Challenge : Petitioners are aggrieved by the action of the State Government in not treating their establishments as deemed to have been closed under provisions of Sec. 25-O(3) of the Industrial Disputes Act, 1947 ("ID Act"). The deeming fiction is invoked alleging non decision of applications seeking permission for closure of establishments within 60 days. The petitioners assail communications dtd. 4/11/2019 calling upon the petitioner to resubmit application for closure as well as letters dtd. 20/11/2019 and 22/11/2019 directing them not to close their establishments. Petitioners also seek a declaration that their establishments are deemed to have been granted permission for closure on expiration of period of 60 days from the date of applications of closure dtd. 28/8/2019 under Sec. 25-O(3) of the ID Act.

Facts

2. Facts in both the Writ Petitions are identical. The petitioners are companies incorporated under the provisions of Companies Act, 1956 and were engaged in manufacturing of biscuits for Britannia Industries Limited ("BIL") under Job Work Agreements. It is averred that BIL terminated the Job Work Agreements with effect from 20/11/2019. Petit

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