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    Baroda v. Baroda

    1. Heard Mr. Dave, learned counsel for the petitioner and Mr. Nirav Joshi, learned counsel for the Nanavati Associates.

    2. The employees Union has approached this Court for seeking relief essentially against the respondent No.1 and also against the respondents No.3 and 4 in respect of the statutory dues pending since long, which resulted into untold hardships on the part of the workmen.

    3. Shri Dave, learned counsel has submitted that in the petition filed by the Company challenging the award being Special Civil Application No.134 of 2006 and the order was passed on 16.5.2008, whereunder the specific direction is made, which can be set out as under :

    "8.

    Considering the entire order passed by BIFR dated 1.6.2006 and condition incorporated in the order for selling the property in question (Page-50 and 51), the earlier order passed by this Court is modified to the effect granting permission to the original petitioners to sell the properties plant and machinery and equipments of POY plan of BRC at Surat on as is where is basis as per Clause VII (ix) of Annexure-III which provide any sale of assets of the company would be effected through Asset Sale Committee(s) as per the guidelines issued by BIFR. The entire sales proceeds would be used as per the scheme sanctioned or as per the directions of BIFR. . Whatever the sale price is received by the petitioner, same shall be deposited before the Registry of this Court immediately with a copy of sale deed and that amount will not be utilized by the petitioner for any other purpose. "

    4. Mr.

    Dave, learned counsel has pointed out that in fact surreptitiously the attempt is made to bye-pass the directions contained in the aforesaid order, so as to defeat the legitimate claim of the petitioner. This is pointed out with a view to substantiate the maintainability of the independent petition and as reason for not been in making appropriate application in pending proceedings. Today, the fact remains to be noted that the Company has issued Circular on August 27, 2008, whereunder though it is promised that the employees are not required to report for their work in regular shift, however, they would be also at present on all working days during which the operation activities will remain suspended. Mr. Dave, learned counsel submitted that obstinately this Circular cannot be said to be creating any prejudice, but it is to be viewed along with the conduct of the Company which lead no other view but interference to retiring the individual workman, so as to a serious action on the ground of dereliction of duties and take out wages from him for the period he has worked for the company. The facts remains from August 2008, no employees is paid single penny nor are the retired employees paid their terminated benefits including gratuity etc. For maintainability of this petition, Mr. Dave, learned counsel relied upon upon the decision in the case of Miscellaneous Mazdoor Sabha V. State of Gujarat & Ors. reported in GLR 1992 (2) and Apex Court's decision in the case of People's Union for Democratic Rights and Others Vs. Union of India and others reported in AIR 1982 1473.

    5. Shri Nirav Joshi, learned counsel for Nanavati Associates, who appears on caveat for the respondent Company, has pleaded under the instructions, however he has contended that as an alternative remedy is available, the petition is not maintainable.

    6. This court is under the considered view that when the Company is already before this Court and it is at the Company's instance, some orders have been passed by this Court including depositing the sale proceedings, as can be seen from the order cited hereinabove, the remedy which has been substantiated as an alternative remedy would certainly not remain so efficacious as to bring about the desirous occur to eh present employees numbers in around 2000 and few retired and remained in force numbers is 2050 present working about 1000 retired employees, who have not seen the fruits either of the litigation or of their working. In view of this when the concerned Authority has also been approached with serious complaint with regard to the contention of the Company respondent No.1 and no action is initiated as submitted by the learned counsel at the bar. This Court is considered view that the objection of availability of alternative remedy is not available to the respondent No.1 and therefore, in these peculiar facts and circumstances of the case, this court is of the view that at this stage, keeping the contention open, the Court has to take some action so as to bring some relief to 3000 and odd workers, who have been left out without salary in these days of galloping inflation, the issuance of the notice would not among to closing and/or setting any contention of the party to maintain this petition, NOTICE returnable on 16.1.2009. Mr. Nirav Joshi, learned counsel waives service of the notice on behalf of the respondent No.1. In the meantime and by returnable date, the respondent No.1 is directed to place on record its reply by way of affidavit and no further time shall be granted in this, failing which it will be presumed that the contentions of the petitioner with regard to surreptitiously alienating the property, so as to defeat right of the petitioner would be believed. The respondent No.2 and 3 shall also take appropriate steps in accordance with law on the complaint received without being influenced in any way by pendency of this petition or petition filed by the Company. If it goes to show any inaction on the part of the respondents No.2 and 3 in respect to the complaint, also would be viewed very seriously by this Court. Direct service is permitted to other respondents.

    (S.R.BRAHMBHATT, J.) ynvyas

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    Baroda v. Baroda
    (Jun 1, 2006)