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2023 Supreme(Bom) 1696

B. P. COLABAWALLA
Sesa Mining Corporation Limited – Appellant
Versus
Specified Authority And Joint Secretary – Respondent


Advocates appeared:
S.S. Kantak, Advocate, Abhijit Gosavi, Advocate, Anand Pai, Advocate, Krupa Naik, Advocate, Neha Pai, Advocate, Guruprasad Naik, Advocate, Saicha Desai, Advocate, Raviraj Chodankar, Advocate, Shubham Priolkar, Advocate, Arunkumar Nigalye, Advocate, Omkar Kulkarni, Advocate

JUDGMENT/ORDER

1. Rule. With the consent of the parties, Rule made returnable forthwith and heard finally. Learned Counsel appearing for the Respondents, waive notice.

2. By the present Writ Petition, exception is taken to the Order dtd. 21/10/2022 ("impugned Order"), passed by the Specified Authority in the exercise of its powers of review. By the impugned order, the Specified Authority withdrew the permission granted to the Petitioner under Sec. 25-N of The Industrial Disputes Act, 1947 (for short the 'ID Act') to retrench 313 workmen engaged by the Petitioner at the Bicholim Iron Ore Mines, Goa.

3. Initially, an application seeking permission for the aforesaid retrenchment was sought predominantly on account of the Petitioner ceasing to hold any Mining Lease in view of the Judgment of the Hon'ble Supreme Court in the case of Goa Foundation vs. Sesa Sterlite Ltd and Ors (2018) 4 SCC 218)(for short, 'Goa Foundation-II'). When this application was made by the Petitioner [seeking permission to retrench 313 workmen (under Sec. 29-N of the ID Act)], the same was granted by the Specified Authority by its Order dtd. 1/9/2022. After this Order was passed by the Specified Authority, the Resp

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