Gba Workers Union vs Chandigarh Administration

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 651

AUGUSTINE GEORGE MASIH, SANDEEP MOUDGIL
Gba Workers Union – Appellant
Versus
Chandigarh Administration – Respondent

Advocates Appeared:
Mr. K.L. Arora, Advocate, for the Appellant; Mr. Anil Mehta, Senior Standing Counsel with Mr. Aditya Jain, Additional Standing Counsel, for U.T. Chandigarh. Mr. Chetan Mittal, Senior Advocate with Mr. Vivek Sethi and Mr. Mayank Aggarwal, Advocates for caveator - respondent No.2, for the Respondent

JUDGMENT

Augustine George Masih, J. - This intra court appeal has been preferred by the appellant - GBA Workers Union (hereinafter referred to as 'Union') challenging the order dated 15.03.2022 passed by the Hon'ble Single Judge dismissing the writ petition preferred by it, where directions were sought to quash the order dated 01.03.2021 (Annexure P-6) passed by the Secretary, Labour, Chandigarh Administration - respondent No.1, stating therein that application under Section 25 N(1)(b) of the Industrial Disputes Act, 1947, filed by M/s Groz-Beckert Asia Private Limited - respondent No.2 on 01.12.2020, seeking permission to retrench 37 workmen, the said permission is deemed to have been granted on expiry of 60 days from the date of filing of the application.

2. It is the contention of the learned counsel for the appellant that the learned Single Judge has failed to appreciate and take into consideration the Division Bench judgment of the Karnataka High Court in Jayhind Engineering and another Vs. State of Karnataka and others 2004 (2) S.C.T. 443, wherein it has been held that once enquiry notice is issued by the State Government on receipt of an application, running of the period of 6