DEVI SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners at one point of time were in the employment of the Distillery Unit of the Panipat Cooperative Sugar Mills Ltd. in different capacities. With the introduction of prohibition policy in the State of Haryana, respondent No. 4 after seeking permission of the State Government closed the Distillery Unit of the Mills, as a result of which the services of the petitioners were retrenched. The said policy has been reviewed admittedly and now there is no ban with regard to manufacturing and sale of liquor in the State of Haryana. It is also not being disputed that the Distillery Unit of the Mills has started functioning again though it is stated by the learned counsel for the respondent No. 4 that it has started functioning in part. The claim of the petitioners in the writ petition is that with the revival of the activities of the Unit they should be adjusted/absorbed in the employment of respondent No. 4 as per the provisions of the Industrial Disputes Act.

(2.) We have heard the learned counsel for the parties. During the course of submissions, learned counsel appearing on behalf of respondent No. 4 submitted that 42 petitioner have been taken back into service according to seniority; 3 petitioners have since expired; the name of one petitioner has been doubly mentioned in the memo of parties and the two petitioners cannot be re-employed as they have crossed the age of superannuation. The rest of the petitioners have so far not been adjusted/absorbed.

(3.) It is the grievance of the petitioners that the management of respondent No. 4 had adjusted some persons through the contractor or they have brought some persons by way of transfer from other units. This aspect of the case is being denied by the learned counsel for respondent No. 4. Be that as it may, the law enjoins a duty upon respondent No. 4 to give preferential treatment to such of the petitioners who had not been adjusted so far in spite of the fact that the Distillery Unit of respondent No. 4 has started its activities and has become functional.