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(29.11.2019) In this writ petition under Article 226 of the Constitution of India, the petitioners have challenged the decision of the respondent No.1 to close down the Station Workshop EME Jabalpur amongst other workshops with effect from 31.03.2019. The petitioners have also assailed the notice dated 02.01.2019 issued by the respondent No.5 alleging that it is contrary to the provision of Section 25FFA of the Industrial Disputes Act, 1947.

2. The brief facts of the case, in a nutshell, are that the petitioner No.1 is a trade union registered under the provisions of the Trade Unions Act, 1926 in the name and style of Station Workshop E.M.E. Kamgar Sangh, Jabalpur which is affiliated to Bhartiya Mazdoor Sangh Avam Bhartiya Pratiraksha Mazdoor Sangh. The union has 51 members. On 20.02.2019, the Executive Body of the Union in its meeting has resolved to challenge the decision taken by the respondents to close down the Station Workshop which was established in the year 1940 and is rendering its services to Armed Forces. It is urged that the station workshop has been engaged in maintenance, repairs and modernization of the armaments and equipments, vehicles, apparatus of communication and other equipments being used in war as well as other equipments being used by the Army Medical Corps as life saver equipments/procedure. The Station Workshop EME, Jabalpur is providing services to these major defence units situated at Jabalpur. It is further alleged by the petitioners that Station Workshop EME Jabalpur is an establishment under the Department of Ministry of Defence, Government of India. The EME comprises 50% civilian category who are governed by Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(iii) Any other appropriate writ, order or direction which the Hon'ble Court may deem just and proper in the nature and circumstances of the case."

5. In their joint reply, the respondents submitted that as per letter dated 15.10.2017 issued by the Integrated Headquarters of Ministry of Defence (Army) Directive General of Staff Duties (SD-8) disbandment of the Station Workshop EME Jabalpur has been ordered in Phase-II along with fifteen other station workshops by 31 s t March, 2019. The said notice clearly states that "The department/unit does not propose to terminate the services of workmen on account of closure and proposes to redeploy them appropriately based on instructions/directions from Higher Headquarters." It is also contended that proposal for re-deployment of civilians employees of the Unit was asked by Integrated Headquarters of Ministry of Defence (Army), Directive General of EME (Civilian). The proposal for redeployment of all civilian staff as per their willingness/choices, was also forwarded vide letter dated 14.12.2018. As per the directions contained in the letter dated 27.11.2018, notice of closure has been issued on 02.01.2019. Accordingly, all the technical activities of the unit were ceased with effect from 01.01.2019 so as to enable the unit to complete all formalities with respect to disbandment of the unit by 31 s t March, 2019. However the date of disbandment was postponed to 31 s t May, 2019 by the Directorate General of Staff Duties (SD-8) Integrated Headquarters of Ministry of Defence (Army) vide letter dated 25.04.2019. Thus, notice of closure was issued by the respondent No.5- Commanding Officer, Station Workshop, EME, Jabalpur in compliance of the Integrated Headquarters of Ministry of Defence (Army), New Delhi vide letter dated 15.11.2018.

11. While answering the question about winding up of the Workshops by Annexure A/6, Dr. Subhash Bhamre, Minister of State in the Ministry of Defence gave the statement that Ordnance Factories have not been directed to wind up or put to alternative use of the production facilities. It is pertinent to note that Commanding Officer Station Workshop, EME Jabalpur as authorised signatory vide letter dated 02.01.2019 (Annexure P-8) informed the Secretary to the Government of India, Ministry of Labour and Employment, New Delhi that "under Section 25-FFA of the Industrial Disputes Act, 1947, I/We hereby inform you that I/We have decided to close down Station Workshop EME Jabalpur (MP) (name of the undertaking) with effect from 31 Mar 2019 for the reasons explained under the Head "Statement of Reasons "". The Department/Unit does not propose to terminate the services of workmen on account of the closure and proposes to redeploy them appropriately based on instructions/directions from Higher Headquarters/ Authority. In the said letter under the head "Statement of Reasons", it is mentioned that, the proposed closure is a decision of the Ministry of Defence, Govt. of India on the recommendation of the Committee of Expert.