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1956 Supreme(All) 53

DESAI
J. K. HOSIERY FACTORY – Appellant
Versus
LABOUR APPELLATE TRIBUNAL OF INDIA – Respondent


Advocates Appeared:
G.S.PATHAK, S.C.KHARE

DESAI, J.

( 1 ) THIS is an application by the J. K. Hosiery Factory a firm manufacturing hosiery in Kanpur, for a writ of certiorari to quash an order dated 26-8-1955 of the Labour Appellate Tribunal, lucknow Bench, and for any other writ order or direction that may be considered proper. During the pendency of some appeals between the applicant and its workmen in the Labour Appellate tribunal the applicant, which was carrying on the business on a continuous loss since 1949 and had incurred a total loss of more than Rupees Ten lacs upto the middle of 1953 decided to close down the factory and applied to the Appellate Tribunal for permission to do so and discharge the workmen. Previously it had been laying-off its workmen, from time to time. Before the Tribunal could consider the question of granting permission the applicant withdrew the application on being advised that it was its fundamental right to close down its business and no permission of the tribunal was required. After withdrawing the application the applicant on 14-5-1953 gave a notice to its workmen that the factory would be closed with effect from 1-9-1953 and another notice terminating their services with effect from th


























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