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The petitioner-company is stated to be ancillary unit to the M/s. Parle Biscuits Pvt. Ltd. M/s. Parle Biscuits Pvt. Ltd refuses to provide raw material in the year 2019. Therefore, compelling the petitioner - Lucky Biscuit Company to close its unit. In the result, petitioner-company invoke section 25-O of the Industrial Disputes Act, 1947 to the State Government while completing the formalities like providing copy of the application Patna High Court CWJC No.7596 of 2020 dt.01-02-2023 to the union. State Government did not act on the petitioner's application for closure of their unit. On the other hand, Union is stated to have filed objections on 13.02.2020. If there is any inaction on the part of the State either accepting or rejecting the application for closure of unit, in that event, there is deeming provision under Section 25-O (3). Accordingly, petitioner proceeded to close the Industrial unit on 27.04.2020. Pursuant to closure of the the unit 169 employees have settled their payments with the petitioner out of 247 employee. The remaining persons have not come forward to settle their score with the petitioner even to this day. When things stood thus State respondent issued an order on 19.06.2020 asking the petitioner to commence the company situated at Banka Ghat, Patna City. The petitioner feeling aggrieved by the State Government's order dated 19.06.2020 presented this petition in the year 2020 on 07.07.2020 and obtained an interim order to the extent of staying the operation of Government's order dated 19.06.2020.

Accordingly, petitioner proceeded to close the petitioner's company on 27.04.2020. Further on 19.06.2020 State has passed an order asking the petitioner to recommence their company. The petitioner's contention is that they have already disbursed the machineries in the month of May and July 2022 in the light of the fact that they have an interim order on 19.06.2020 of the Government order. It is therefore, order dated 19.06.2020 cannot be given effect to in recommencing the petitioner company unit in the absence of machineries and further petitioner is only an ancillary unit to the M/s. Parle Biscuits Pvt. Ltd. M/s. Parle Biscuits Pvt. Ltd stopped in supplying the raw materials in the year 2019 itself. Therefore, it is beyond the control of the petitioner to recommence or restart the company.

No doubt order of the in the Hon'ble Supreme Court in Patna High Court CWJC No.7596 of 2020 dt.01-02-2023 the case of Suo Motu Writ Petition (C) No. 3 of 2020 would have assisted the respondent. At the same time, it is impracticable to recommence the petitioner company in the absence of machineries and M/s. Parle Biscuits Pvt. Ltd in providing raw material to the petitioner. Moreover, after closure of the petitioner's unit, among 247 workers 169 workers have settled their score with the petitioner company. The petitioner company is ready to settle monetary benefits insofar as such of those workers against whom settlement has not completed.