( 1 ) IN both these petitions the workmen, through the representative union approved under the appropriate provisions of the Bombay industrial Relations Act, 1946, have challenged the legality and validity of the order dated may 9, 1988 passed by the State Government of Gujarat declaring that the Sugar Factories in question, i. e. , Una Taluka Khedut Sahkari khand Udyog Mandli Ltd. , Una (in Special civil Application No. 6303/88) and Talala taluka Khedut Sahakari Khand Udyog Mandali ltd. , Talala (in Special Civil Application No. 6304/88) are industrial establishments of seasonal character within the meaning of section 25-A and 25-K of the Industrial disputes Act, 1947.

( 2 ) THE petitioners have also challenged the constitutional validity of the provisions of section 25-A, 25-A (2 ). 25-K and 25-K (2) of the Industrial Disputes Act, 1947 ("i. D. Act" for short ). However, at the time of hearing, the petititoners have not pressed the challenge to the constitutional validity of the aforesaid provisions of the I. D. Act. Hence the prayer contained in paras 20 (B) and 20 (C) in both the petitions do not survive and the petition, in so far as these prayers are concerned, stand disposed of as having not been pressed. On behalf of the petitioners it is also prayed that since the petitioners do not challenge the constitutional validity of the aforesaid provisions of the Act, the petitioners may be permitted to delete respondent No. 1 in both the petitions, i. e. , Union of India through the secretary, Labour and Employment Department, new Delhi. Permission Granted. In both the petitions respondent No. 1-Union of India stands deleted.

( 3 ) IN Special Civil Application No. 6303 of 1988 after the petition was filed, respondents no. 5 to 100 who claim to be permanent employees of respondent No. 4-Industrial establishment prayed for being joined as party respondents. They have been permitted to be joined as party respondents as per order dated april 5, 1990. Thus in Special Civil Application no. 6303 of 1988 respondents No. 5 to 100 who are permanent employees of the establishment are also party-respondents.

( 4 ) AT the request and with the consent of the learned Advocates appearing for the parties both the petitions have been heard together and are being disposed of by this common judgment and order.

( 5 ) UNDISPUTED and/or proved facts : respondent No. 4 in Special Civil Application no. 6303/88, i. e. , Una Taluka Khedut Sahakari khand Udvog Mandali Ltd. , Una, is a cooperative society registered under the appropriate provisions of Gujarat Co-operative Societies act, 1962 some time in the year 1963. It started its operations in the year 1967-68. Respondent no. 4 in Special Civil Application No. 6304/ 68, is Talala Taluka Sahakari Khand Udyog mandali Ltd. It is also a cooperative society registered under the appropriate provisions of the Gujarat Cooperative Societies Act, 1962 in the year 1968. It is not on record as to from which year it had started its operation, but it appears that this society has also commenced its commercial production some time in the year 1970. Both the societies sought to lay off their employees in the month of October/ november 1987.

( 6 ) THEREFORE on behalf of the petitioner- union applications under Section 78 of the bombay Industrial Relations Act, 1946 ("the act" for short) were filed in the Labour Court challenging the action of putting employees in lay off as illegal change which was ought to be introduced by the employers. Together with the aforesaid two societies, similar dispute arose in relation to one more society, i. e. . Bileswar Khand Udyog Khedut Sahakari mandali Ltd. , Against that society also the concerned Union of workmen had filed application before the Labour Court. In all the three applications the Labour Court had granted interim relief and restrained the employers from effecting the illegal change. The employers had preferred revision application under Section 85 of