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Judgment
The Labour Commissioner, Indore, Madhya Pradesh passed an order on July 11, 1995 holding that there was a deemed permission for retrenchment of 40 workers employed by the appellant u/s 25N(4) of the Industrial Disputes Act, 1947 (for short "the Act"). This order was challenged by the workers in Writ Petition No. 2329 of 1995 before the High Court of Madhya Pradesh. The learned Single Judge of the High Court held that in view of the facts and circumstances of the case, there should not have been any deemed permission u/s 25N(4) of the Act. The decision was confirmed by the Division Bench of the High Court and it directed the Labour Commissioner to pass a revised order after considering whether any permission is to be granted to the appellant for retrenching the 40 workers employed by them. During the pendency of the appeal, the Labour Commissioner passed a revised order on August 7, 2002 declining the permission u/s 25N of the Act.
The learned counsel for the appellant submits that some of the workers had been given relief as per the provisions of the Act and there has been some change in the factual situation. The learned counsel seeks permission to withdraw the appeal with liberty to challenge the order passed by the Labour Commissioner on August 7, 2002.
In view of the subsequent developments, the appellant is allowed to withdraw this appeal with permission to challenge the orders passed by the Labour Commissioner on August 7, 2002 in appropriate proceedings. However, we make it clear that it is not open to the appellant to reagitate the question as to whether there should have been a deemed permission u/s 25N(4) of the Act or not. No orders in IA No. 2. The appeal is dismissed as withdrawn and IA is disposed of.