LAWS(SC)-1993-9-23

WORKMEN Vs. ROHTAS INDUSTRIES LIMITED

Decided On September 08, 1993
WORKMEN Appellant
V/S
ROHTAS INDUSTRIES LIMITED Respondents

JUDGEMENT

(1.) Rohtas Industries Ltd. is a large industrial undertaking having units for manufacturing cement, paper, vanaspati, asbestos and vulcanised fibres at dalmianagar, District Rohtas, in the State of Bihar. It was employing about 10,000. 00 workmen when it closed its operations in July, 1984. The said closureled to the filing of this writ petition by the workmen. It appears that proceedings for winding up of the company are pending in the Patna High court and provisional liquidator has been appointed. Having regard to the suggestion made by the learned Attorney General of India to which the counsel for the petitioners also agreed, this court passed an order on 28/10/1987 whereby the Central government was directed to make a reference to the Board of Industrial and financial Reconstruction (for short 'bifr') constituted under the Sick Industrial companies (Special Provisions) Act, 1985 for framing a scheme as contemplated under Section 18 of the said Act for revival of the industry. The bifr submitted a report wherein it was indicated that three of the units of the industry, namely, cement, asbestos and vanaspati could be revived as the same appear to be viable but the paper unit could not be revived. Keeping in view the said report of the BIFR as well as the statements filed on behalf of the State of bihar and Union of India and the memorandum prepared by the learned attorney General of India and filed before this court, this court passed the order dated 24/10/1989 wherein this court has observed:

(2.) This court, inter alia, directed as under:

(3.) In accordance with the said directions, the State of Bihar designated an officer who has taken over as the Rehabilitation Commissioner and with his efforts the necessary repairs have been carried out and the three units were able to start functioning.