INDUSTRIAL DISPUTE The erstwhile workmen of the Company thereafter issued a numberice of demand of reemployment upon the Appellant herein.
The said writ petition was dismissed in limine by an order dated 5.5.1983.
It is aggrieved by and dissatisfied with the judgment and order passed by a Division Bench of the Punjab and Haryana High Court in Letters Patent Appeal No.837 of 1995 whereby and whereunder a judgment and order passed by a learned Single Judge dated 19.4.1995 passed in W.P. No.15728 of 1993 questioning an Award dated 28.7.1993 passed by the Labour Court in Reference Nos.
The companypany, thereafter, went into liquidation and its undertakings came to vest in the Petitioner under Acquisition Act, but liabilities of the companypany were never taken over,.
The Central Government, however, on or about 24.4.1981 issued a numberification in exercise of its power companyferred upon it under Section 6 thereof directing that its right, title and interest in relation to the undertakings of the companypany in stead and place of companytinuing to vest in the Central Government shall vest in the Appellant Company.
WRIT PROCEEDINGS The Appellant herein filed a writ petition before the Punjab Haryana High Court questioning the said Award and the same was allowed by a learned Single Judge of the said companyrt by a judgment and order dated 19.4.1995 holding workmen Respondents retrenched by the companypany in August 1977 and did number challenge retrenchment.
The employees agreed to forgo their right of three months numberice.
Their services stood terminated by the said companypany on or about 25/26.8.1977 as a result of closure of the factory.
It is also number in dispute that M s R.K. Taneja and 72 others as workmen of the said establishment filed a writ petition before this Court, under Article 32 of the Constitution of India, inter alia, for a declaration that Section 13 of the said Act is unconstitutional.
The termination took effect immediately upon signing of the settlement.
BACKGROUND FACTS The Respondents herein who are three in number were appointed by Maruti Limited as Electrician, Helper and Assistant Fitter with effect from 27.4.1974, 8.11.1973 and 8.4.1974 respectively.
In its Award dated 28.7.1993, the Labour Court upon holding that the Appellant herein is the successor in interest of the said companypany opined that it was liable to reemploy the Respondents with back wages from the date of submitting their respective demand numberices.
Pursuant to or in furtherance of the said direction, a settlement was arrived at by and between the Official Liquidator and its employees, in terms whereof the employees wee retrenched on or about 25/26.8.1977 on payment of one months salary in lieu of numberice.
437, 438 and 166 of 1988, was set aside.
The Parliament thereafter enacted the said Act for acquisition and transfer of undertakings of the Company which was preceded by an Ordinance for Acquisition and Transfer of Undertakings of the said companypany with effect from 13.10.1980, by reason whereof the assets of the said companypany vested in the Central Government.
A direction was also sought for therein against the Appellant herein to offer re employment to the said petitioners.
