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1960 Supreme(MP) 77

P.V.DIXIT, K.L.PANDEY
Bengal Nagpur Cotton Mills Ltd. – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
A.P.Sen, M.ADHIKARI,

JUDGMENT :

( 1. ) THIS is an application under Article 226 of the Constitution of India for quashing the certificates issued by the Labour Commissioner under Section 33c of the Industrial Disputes Act, 1947, for recovery of certain amounts said to be due from the petitioners and for quashing the notice of demand served by the Tehsildar, Rajnandgaon, on the basis of those certificates.

( 2. ) THE petitioner is a public limited company which has been carrying on the business of manufacturing cotton textiles at Rajnandgacn. In 1959 the management decided to close down the working of the mills on the grounds of rise in labour and manufacturing costs, uneconomic work-big, absenteeism amongst workers, and financial difficulties. Accordingly the mills were closed from 6-9-1959. The validity of the closure was upheld by the State Industrial Court by its order in Industrial Application No. 67 of 1959 dated 4-9-1959. Thereafter on applications made by certain workers and at the instance of the Rashtriya Mill Maz-door Sangh, Rajnandgaon, the Labour Commissioner made calculations of the amount of compensation payable to the various employees under Section 25 FFF of the Act and issued certificate















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