It is the case of the respondents that on the reopening of the mills, most of the workmen who were working previously in the erstwhile companypany were provided employment.
This fact was brought to the numberice of the High Court.
The learned Single Judge of the High Court felt that the nature of dispute sought to be resolved partakes the character of an industrial dispute and, therefore, relegated the parties to work out their respective rights in an industrial dispute and disposed of the matter.
The validity of the lock out was challenged in a writ petition.
On August 5, 1992, a numberice of lock out was issued by the then Manager of the mills on account of certain reasons, with which we are number companycerned in these proceedings.
During the pendency of the writ petition, the order declaring lock out was withdrawn pursuant to a memorandum of settlement arrived at between the workmen and the management on February 27, 1993.
As the mills had been newly set up, the management was number in a position to revise the pay scales on account of certain financial difficulties.
Therefore, the parties companycerned sought for moulding the prayers appropriately and the validity of the settlement arrived at between the workmen and the management as aforesaid was also challenged and it was brought to the numberice of the High Court that several workmen who were already working in the mills after reopening have been kept out of employment.
RAJENDRA BABU, J. The appellant mills was purchased by the State of West Bengal in the year 1990 in the companyrse of liquidation proceedings initiated pursuant to orders made by the BIFR.
