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2015 Supreme(All) 1615

PANKAJ MITHAL
INDO GULF INDUSTRIES LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Navin Sinha, Yahswant Varma and Rohan Gupta for the Petitioner; C.S.C., Adarsh Kumar, B.N. Rai, H.K. Tripathi and T.K. Mishra for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri Navin Sinha, Senior Advocate, assisted by Sri Rohan Gupta, learned counsel for the petitioner, who is common in all the petitions and Sri B.N. Rai, learned counsel appearing for the Workers’ Union/Karmchari Sangh.

2. All the petitions are based on similar and identical facts and raises a common point for consideration. The writ petition No. 19852 of 2011 is treated to be a leading petition with the consensus of both the contesting parties. Therefore, where ever necessary facts as contained as per the pleadings of the leading petition alone would be referred to.

3. The petitioner is a company having one of its units/factory in Babina, District Jhansi in Uttar Pradesh. The petitioner claims that its aforesaid unit was closed on 30.12.2000 and a communication of its closure was sent to the Deputy Labour Commissioner on 12.11.2001. The Deputy Labour Commissioner had required certain informations regarding the aforesaid closure and that the same were duly furnished. Thus, the Deputy Labour Commissioner had the information of the closure of the aforesaid unit/factory w.e.f. 30.12.2000. At the time of closure of the unit/factory it had 153 worke
































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