MARUTI UDYOG LTD Vs. RAM LAL

JUDGEMENT

(1.) Maruti Udyog Limited, the appellant herein, is a Government company within the meaning of Companies Act, 1956. In terms of a notification issued under Section 6 of the Maruti Limited (Acquisition and transfer of Undertakings) Act, 1980 (hereinafter referred to as 'the said Act') the undertakings of the Maruti Limited (the Company) has vested in the appellant. 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 C. W. P. No 15728 of 1993 questioning an Award dated 28.7.1993 passed by the Labour court in Reference Nos. 437, 438 and 166 of 1988, was set aside.

(2.) 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. Their services stood terminated by the said company on or about 25-26/8/1977 as a result of closure of the factory. The said company came to be wound up in terms of an order dated 6/3/1978 passed by the high Court of Punjab and Haryana in Company petition No. 126 of 1977 titled Delhi automobiles P. Ltd. v. Maruti Ltd. whereupon an Official Liquidator was appointed to take charge of the assets thereof. A formal winding up order was also drawn up in terms of Form No. 52 of the Company (Court) Rules, 1959. The company was formally wound up on 6/3/1978 whereupon it ceased to have any business activity. It is borne out from records that the learned Company Judge in the said proceedings by an order dated 5/8/1977 directed the company that in view of the fact that the industrial establishment of the company, namely, Maruti Limited cannot continue with its production activity and the workmen employed therein cannot be given any job, all workmen should be retrenched in accordance with the provisions of the Industrial Disputes act, 1947 (hereinafter referred to as 'the 1947 Act'). 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 were retrenched on or about 25-26/8/1977 on payment of one month's salary in lieu of notice. The employees agreed to forgo their right of three months' notice. The termination took effect immediately upon signing of the settlement.

(3.) 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 company with effect from 13.10. 1980, by reason whereof the assets of the said company vested in the Central Government. The Central Government, however, on or about 24.4.1981 issued a notification in exercise of its power conferred upon it under section 6 thereof directing that its right, title and interest in relation to the undertakings of the company in stead and place of continuing to vest in the Central Government shall vest in the appellant company