P.SETHURAMAN, RAMANUJAM
K. V. Rajendran – Appellant
Versus
Commissioner Of Labour, Madurai – Respondent
Ramanujam, J.
1. The petitioner is a director of Sri Ganapathy Mills Co. Ltd., Tirunelveli, hereinafter referred to as the company and he seeks a writ of mandamus directing the first respondent herein to forbear from taking any further action under S. 25Q for violation of S. 25N of the Industrial Disputes Act, hereinafter referred to as the Act on the ground that Ss. 25N and 25Q are unconstitutional.
2. The company is a spinning mill employing more than 300 workmen. In or about the beginning of 1977 it found the posts of two clerks, one store assistant and one office boy to be superflous to its needs and as a measure of economy it decided to abolish those posts. By a notice dated 16-1-77, the company retrenched respondents 2 to 5 holding the posts occupied by them to be surplus in accordance with S. 25F of the Act. Each of them was given one month's pay in lieu of notice and retrenchment compensation as per S. 25F. Further, by a notice in Form R dated 16-1-77 the company informed the Government of Tamil Nadu about the retrenchment of the four employees with effect from 17-1-1977 for the reasons set out in the said notice.
3. The Deputy Commissioner of Labour, the first respondent
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