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2021 Supreme(Guj) 587

J.B.PARDIWALA
Arvindbhai P Patel – Appellant
Versus
Standard Material Agency Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. P. C. Chaudhari
For the Respondent: Mr. Prabhakar Upadyay

ORDER :

1. This appeal under Clause 15 of the Letters Patent is at the instance of the original writ applicants and is directed against the impugned order passed by a learned Single Judge of this Court dated 17th March, 2017 in the Special Civil Application No.4506 of 2017, by which, the learned Single Judge rejected the writ application and thereby affirmed the order passed by the Labour Court rejecting the application under Section 33C(2) of the Industrial Disputes Act, 1947 (for short “the I.D. Act”).

2. The facts, giving rise to this appeal, may be summarized as under;

2.1 The appellants herein are the original writ applicants. The appellants preferred an application before the Labour Court under Section 33C(2) of the I.D. Act on the premise that the respondent-employer had closed its unit, and as a consequence thereof, it had a statutory liability under Section 25FFF of the I.D. Act to pay compensation with notice in accordance with the provisions of Section 25F of the Act. The application came to be rejected on the ground that the criteria prescribed under Section 25B of the Act was required to be established in some substantial proceedings and the proceedings under Section 33C(

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