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2023 Supreme(Bom) 1542

N. J. JAMADAR
Global Health Care Products – Appellant
Versus
Krantikari Kamgar Union – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sudhir Talsania, Senior Advocate i/b. Mr. Rahul Herlekar
For the Respondent:Mr. Sanjay Singhvi, Senior Advocate i/b. Ms. Rohini Thyagarajan

JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.

2. This petition under Article 226 and 227 of the Constitution of India assails the legality, propriety and correctness of an award dated 30th November, 2019 passed by the Presiding Officer, Industrial Tribunal, Dadara and Nagar Haveli at Silvassa in I.D.R. No. 1 of 2010 whereby the learned Presiding Officer, Industrial Tribunal was persuaded to declare that action of the petitioner in closing down its industrial establishment/factory at Dapada was illegal, direct the petitioner to give re-employment to all the retrenched workmen employed at the time of illegal closure of the industrial establishment, except 14 employees who had settled their claims with the petitioner and were shown circled in red ink in Annexure A to the order of Reference, and to give all the benefits admissible under the law for the time being in force including backwages till re-employment to all the employees (except aforesaid 14 employees) to which they would have been entitled to as if the undertaking had not been closed down, and future wages regularly from the date they were actually

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