BASANTA KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) AS all the above three writ petitions arise out of common facts and involve similar questions of law, they were heard together and are being disposed of by this common judgment.

(2.) W .P.(C) No.11219 of 2004 is an application filed by 115 petitioners claiming themselves to be the employees of M/s. Chhatia Weaving Mill. The said petitioners alleging non -payment of full and final monetary dues towards arrear unpaid salary/wages/bonus/provident fund pensionary contributions/gratuity/leave salary and voluntary retirement compensation etc., have prayed for a direction to the opp.parties to pay/release the entire amount of such monetary dues as settled/admitted and legally payable to the petitioners keeping the cut -off date i.e. 31.7.2001 along with unpaid salary upto 26.4.2002 and to deposit the provident fund and pensionary contribution before the Provident Fund Authority with effect from March, 1993 to 26.4.2002 within a stipulated period and to further pass an order that till the full and final payments are made, the opp.parties may be restrained to shift/sell/privatize the Chhatia Weaving Mill.

(3.) IN order to appreciate various contentions raised by the petitioners in all the aforesaid writ applications, it is necessary to state the facts of the case in brief. The Chhatia Weaving Mill established in the year, 1959 was being managed by a Society registered under the Societies Registration Act till 1984. The management of the said mill was taken over in 1984 by the Orissa Textiles Corporation. The SPINFED which is an Advisory Body, providing technical, Financial and personnel guidance to Power Loom Units apart from closely monitoring their activities, took over the management of the Chhatia Weaving Mill from the Orissa Textiles Corporation in the year, 1992, the said Weaving Mill continued its production till 1996 and thereafter became sick and ultimately faced a closure in the year, 2001. On being closed, a voluntary retirement scheme was operated by the State Government and the employees of the said Weaving Mills who are petitioners in W.P.(C) No.11219 of 2004 had made their applications under the said scheme. The Government of Orissa also decided to privatize the Power Loom Units, which required modernization, and dispose of the old obsolete and non -viable units wherever necessary. As it was decided to dispose of the old machinery of the said Chhatia Weaving Mill located at Chhatia which was admittedly set up in the year, 1959, an advertisement for sale of the said machinery being published in the newspaper inviting offers, M/s. Shree Balaji Trading Co, the petitioner in W.P.(C) No.192 of 2005 took part in the tender process and considering such offer, M/s. Shree Balaji Trading Co. being the sole bidder, its offer of Rs. 3,72,750/ - was accepted by the Government of Orissa in its Textile & Handloom Department. The said M/s. Shri Balaji Trading Co. has deposited the entire amount of consideration money offered by it with SPINFED which was the model agency for the sale and it has further paid an amount of Rs.33,900/ - towards sales tax dues outstanding against the said Weaving Mill. On making such payment, the said purchaser was allowed to take delivery of plant and machinery of the said unit by letter dated 6.10.1994 issued by the SPINFED.