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Showing contexts for: silver cloud in Silver Cloud Estate vs Labour Court And Ors. on 12 February, 1960Matching Fragments
1. During the time when an industrial dispute (Industrial Dispute No. 1 of 1954) was pending before the Special Industrial Tribunal for Plantations (Labour Court, Coimbatore), the management of Silver Cloud Estate, Gudalur, found a necessity to effect a retrenchment of certain number of workers. It is not disputed that the workmen affected by the retrenchment were not directly concerned in the industrial dispute. Nor was the retrenchment otherwise than bona fide. The management, however, sought to obtain previous sanction of the labour court for effecting retrenchment in Petition No. 113 of 1957. It is said that the application was withdrawn, on a view expressed by the labour court during the course of hearing that the proper procedure for the management was to effect, the retrenchment first and then seek approval of the Court under Section 33(2) of the Act. The retrenchment was then effected in purported conformity with the rules and compensation paid to the workers. There is no complaint by the concerned workers against the procedure adopted. There had been no application by them under Section 33A of the Act. The management filed Petition No. 11 of 1958 under Section 33(2) of the Industrial Disputes Act for approval of its action in the matter of the retrenchment of the workers. The labour court, Coimbatore, held that the financial condition of the management did not justify the retrenchment, and in that view, rejected the application. The validity of that order is questioned in the present petition under Article 226 of the Constitution.