MAZDOOR SANGH INTUC Vs. STATE OF M P

JUDGEMENT

(1.) VIDE order dated 6-10-2004, this Court has passed the order as under :- Shri Moyal contended that in absence of any order under Section 25 (O) or 25 (N), the workers continue to be in the employment of the Mill even today and are entitled for the wages but looking to the financial difficulties, workers are willing to forego their wages from 1-4-2000 provided they are paid their bonus, leave encashment and salary upto 31-3-2000. It was also contended that financial difficulties is not a defence for the non payment of the wages and other dues payable to the workers. Shri Trivedi is, therefore, granted four weeks time to examine the whole matter and to submit proposal to indicate how the Govt. is going to meet the dues of the workers. In the meanwhile petitioner shall also submits it proposal to the Managing Director of the Shri Sajjan Mills Limited. The Office bearers of the representative Union shall meet the Principal secretary, Commerce and Industry and the Managing Director within two weeks to work out the solution.

(2.) VIDE order dated 8-11-2004, it was directed that "respondent No. 1 is granted time till 6-12-2004 to take final and concrete decision on the compromise proposal statement of the petitioners which has been filed alongwith D. O. dated 12-10-2004. It is made clear that if no decision is taken on the said compromise proposal by the Government by the next date of hearing, this Court shall be constrained to pass some orders on the said compromise proposal". In spite of considerable time, since no concrete proposal was submitted, therefore, vide order dated 7-3-2005, last opportunity was given to the respondents to submit the concrete proposal in compliance of the order passed earlier by this Court.

(3.) ON 5-3-2005 the reply of the petition has been filed, but no concrete proposal was submitted. Thereafter on 23-3-2005, the proposal has been submitted by the respondents which reads as under :