CANARA BANK Vs. METALLICA INDS LTD

JUDGEMENT

(1.) HEARD.

(2.) THE applicants who are 29 in number apply by way of this chamber summons for direction to the plaintiff to implead them as defendants. Canara Bank, the plaintiff, has filed the suit for recovery of sum of Rs. 47, 52, 964. 33, Rs. 48, 70, 672. 77, Rs. 66, 60, 785. 48, Rs. 12, 31, 095. 09, and, Rs. 6, 01, 154. 50 particulars of which have been in the plaint alongwith further interest 23. 75% p. a. compounded at quarterly rests from the date of filing of the suit till payment and realisation together with cost against the defendants viz. , M/s. Mettalica Industries Limited, and Shri. Hari Shanker Jalan. The claim of the plaintiff Bank is for recovery of aforesaid outstanding amount for the cash credit facility granted to the defendants.

(3.) THE applicants case in the chamber summons is that they are permanent workmen of the defendant No. 1 company for last so many years. The defendant No. 1 company had been very irregular in making payment of wages to them. According to applicants, the defendant No. 1 and its management had no lawful reason for delaying the payment of earned wages to them. The workmen have not been paid their legitimate annual increments, and they apprehend that in the event of closure of the company they would not pay any legal dues to them including bonus, provident fund, gratuity. The applicants have already filed complaints for redressal of their grievance under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, Unfair Labour Practice Act) and the said complaints are pending before Industrial Court.