1 W.P.No.5746.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5746 OF 2010 Mr.Sanjay Shitaram Shinde & ors. ... Petitioners v/s M/s.Chandrika Industries, Kolhapur ... Respondent Mr.M.S.Topkar for the petitioners. Mrs.A.P.Purav for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 30TH AUGUST, 2010 P.C.: 1. The petition has been filed challenging the order passed by the Industrial Court on 6.2.2010. The contention of the petitioners is that they are entitled to reinstatement under section 25-H of the Industrial Disputes Act since the respondent factory had been restarted. 2. The Industrial Court has observed that no relief can be granted to the workman who had been paid compensation for the closure. 2 W.P.No.5746.10 3. In my view, the order of the Industrial Court need not be disturbed. There is no dispute that the workers were terminated from service on account of a closure of the undertaking. They were paid retrenchment compensation “as if retrenched”. However, Section 25-H of the Industrial Disputes Act requires a workman to be retrenched from service before he could be entitled to re-employment. 4. In my view, therefore, there is no need to interfere with the impugned order. 5. Writ petition rejected. 6. In any event, if the petitioners are entitled to any relief, they would be granted that relief in the complaint which is pending before the Industrial Court regarding the illegality, if any, of the closure. ..... 3 W.P.No.5746.10