M.Y.EQBAL
Hindustan Copper Limited – Appellant
Versus
Ministry Of Labour, Govt. Of India – Respondent
M. Y. Eqbal, J.
1. In t his writ application the petitioners prayed for issuance of an appropriate writ declaring that the appropriate Government, herein the Government of India, Ministry of Labour, having granted permission for closure of the Lapso Kyanite mines of the petitioners and assigning reasons, imposing condition for such closure is beyond the scope of Section 25 of the Industrial Disputes Act (hereinafter referred to as the "said act" ). In other words the petitioners sought for a declaration that the petitioners having closed down the mines, the condition imposed by the appropriate Government to adjust/absorb 38 workmen elsewhere is beyond the scope of Sec.25 of the said Act. Such an order communicated to the petitioners on 14th July, 1995 under section 25-R of the said Act is Annexure 9 to the writ application.
2. Petitioner No.1 is a Government of India undertaking carrying on mines business. The petitioners have various mines. The petitioners case is that over the past 65 years in Lapso kyanite Mine being naturally purified highgrade floating kyanite is lying scattered over the foothill of the area. The mining of institu kyanite occurring lensoids in the hill
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