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Judgment
Vipin Sanghi, CJ
1) Issue notice.
2) Notice is accepted on behalf of respondent Nos. 1, 2, 3 and 5.
3) In view of the order that we propose to pass, we do not consider it necessary to issue notice to respondent No. 4, at this stage.
4) The present Special Appeal is directed against the order dated 02.12.2022, passed by the learned Single Judge in Writ Petition (M/S) No. 3046 of 2022.
5) The petitioner assailed, in the writ petition, the notice, laying-off the petitioners by respondent No. 4. Other directions were sought with regard to payment of retrenchment / closure compensation, salary and other dues, and to seek a direction to the respondent authorities to ensure that the management of the factory, i.e., respondent No. 4, do not shift or alienate the machinery, and other materials & assets of the factory of respondent No. 4, till final disposal of the petition.
6) The learned Single Judge has dismissed the writ petition, since the petitioner has already approached the Labour Commissioner, and conciliation proceedings are going on.
7) The submission of learned counsel for the appellant is that conciliation has been going on since February 2022.
8) It has already been 10 months, and no resolution has been arrived at between the parties. In our view, the conciliation proceedings cannot go on indefinitely, and, in case, no conciliation settlement is reached, the further consequential steps should be taken in accordance with law.
9) We, therefore, dispose of this appeal with a direction to the respondent authorities to form their view in the next two weeks, and conclude the conciliation proceedings, and proceed in accordance with law.
10) Stay application (IA No. 01 of 2022) also stands disposed of.