ASSOCIATED CEMENT COMPANIES LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of LPA Nos. 101 and 102 of 1997 as these arise out of same judgment of the learned Single Judge dated 26. 2. 1997. For disposal of these two appeals, reference is being made to the facts as noticed in LPA No. 101 of 1997.

(2.) BRIEFLY put, Mala Quarry Workers Union (Registered) through its President Shri Nar Singh filed an application under Order 1 Rule 10 of the Code of Civil Procedure to be impleaded as respondent in CWP No. 1702 and 1703 of 1993. These applications were allowed by the Court vide order dated 26. 2. 1997. Vide another application, Workers Union sought modification of the order dated 13. 1. 1997. Operative part of this order reads as under :

(3.) THIS was contested by the Company stating that three departments of the company i. e. ropeway, saw-mills and kilns have been closed on account of non-availability of raw material. It is on account of this that workers working in these aforesaid departments were asked not to report for duty. The company further averred that workmen had raised industrial dispute and presently the matter is pending before the Labour Commissioner Haryana, at Chandigarh. Besides it, it was averred that Civil Writ Petition No. 202 of 1995, the basis on which order dated 13. 1. 1997 was passed is now listed for hearing before the apex Court on 25. 2. 1997 and the matter be deferred till it is decided by the Supreme Court of India. It was further averred that the Company is already suffering a loss of Rs. 2 crores per month on account of non-availability of raw material and so is not in a position to pay salary to the workers of the respondent-union. Objection with regard to maintainability of such an application by the respondent and the relief, if any, could be granted in their favour in the writ petition was also raised.