- (1.)The petitioner is common in all these writ petitions. Apart from this, the subject matter of all these writ petitions is also common, which is the payment of wages to the workers in pursuance of the orders passed by the Assistant Labour Commissioner, Garhwal Region, Dehradun, though pertaining to different periods. For these reasons, all these writ petitions are being decided by a common order.
(2.)The petitioner is a limited company registered under the Companies Registration Act having its manufacturing unit at Dhalwala, Rishikesh, Dehradun. In the year 2001, the petitioner had approached the BIFR and filed an application for declaring the company as sick under the Sick Industrial Companies (Special Provisions) Act, 1985 (from hereinafter referred to as "SICA"). On the said application, after conducting an enquiry under Section 16 of SICA, the BIFR vide its order dated January 23, 2004 has recommended that the petitioner company should be winded up. Thereafter the petitioner had filed an appeal under Section 25 of SICA before the appellate authority i.e. AAIFR.
(3.)Meanwhile, according to the petitioner, the workers of the factory went on an illegal strike and occupied the factory on November 2, 2001. On November 17, 2001, the workers snatched the factory keys from the security personnel and between November 2, 2001 to November 17, 2001, the workmen started illegally occupying the staff residential quarters as well. The factory, therefore, could not remain operational as the workmen obstructed the entry of the management into the factory premises. A suspension of work thus was declared on January 19, 2002 by the workman and in consequence thereof the management of the petitioner company declared a "lay off" and the work in the factory was suspended. An F.I.R. was also lodged by the management of the company at Police Station Muni Ki Reti, Tehri Garhwal on January 20, 2002 against certain workmen, etc., etc. Meanwhile, the workers of the factory had approached the Assistant Labour Commissioner, Garhwal Region, Dehradun under the provisions of the Uttarakhand Industrial Peace (Timely Payment of Wages) Act, 1978 (from hereinafter referred to as the "Act"), who is presently impleaded as respondent No. 1. Respondent No. 1, thereafter initiated a recovery against the petitioner under the provisions of the aforesaid Act. For the first recovery of Rs. 77,53,600/- the petitioner had approached this Court and obtained an interim order dated August 5, 2005 in W.P. 852/2005 (M/S). Consequently for the second recovery of Rs. 1,11,59,523/- the petitioner obtained an interim order from this Court on April 30, 2008 in W.P. 2277/2008 (M/S). Third writ petition (bearing No. W.P. 330/2008 (M/S) is also pertaining to the recovery proceedings initiated by respondent No. 1.