PRIMA TECHNOLOGIES Vs. KARNATAKA HOROLOGICAL LTD

JUDGEMENT

(1.) IN all these petitions the award dated 29-4-2000 passed by the Industrial Tribunal in I. D. No. 25/1995 has been called in question.

(2.) M/s Prime Technologies, II (b) [party before the Tribunal has filed Writ Petition No. 1172 of 2005, Karnataka State Industrial investment and Development Corporation (for short 'ksiidc'), II (c)party before the Tribunal has filed W. P. No. 35393/2003 and Karnataka horologicals Limited, (for short 'khl') II (a) party before the Tribunal has filed W. P. No. 5332/03.

(3.) BRIEF facts of the case are: that M/s KSIIDC had advanced loan from M/s KHL. For non payment of the loan amount all the assets of M/s KHL were sold in a public auction by M/s KSIIDC to M/s Prime Technologies i. e. , petitioner in W. P. 1172/05 as it was successful bidder and its bid was accepted, an agreement was entered into between the petitioner-Prime technologies and the KSIIDC, petitioner-Prime Technologies took the assets as mentioned in the Schedule specified in the agreement. The public auction took place on 6-8-1994. On account of sale of the assets of M/s KHL by the KSIIDC the workmen-respondents herein were not permitted to continue their services in the industry. On account of forcible stopping; the work, the respondent workmen sought for reference under Section 10 (1) (b) of the Industrial Disputes act (for short 'the Act' ). On reference the Industrial Tribunal, found the lock out of M/s KHL is illegal and held that the petitioner-M/s prime Technologies being a successor in interest of M/s KHL by virtue of agreement dated 7-10-1994 is liable for payment of due to the workmen. The Tribunal also held that M/s KHL is liable to pay the lock out period wages and M/s KSIIDC is liable to pay the claim of the workmen from 6-8-1994 to 7-10-1994 and from 7-10-1994 it is the petitioner M/s Prime Technologies liable to pay the demands of the workmen.