http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 3  

PETITIONER: ASHOK PAPER MILLS KAMGAR UNION

       Vs.

RESPONDENT: UNION OF INDIA & ANR.

DATE OF JUDGMENT:       01/09/2000

BENCH: S. Rajendra Babu, J. & S.N. Phukan, J.

JUDGMENT:

RAJENDRA BABU, J. :

L...I...T.......T.......T.......T.......T.......T.......T..J

   By  an order made on July 6, 1996, this Court  finalised the  scheme  of  rehabilitation  of  Ashok  Paper  Mills  in Darbhanga in State of Bihar.  However, that scheme could not be  given effect to due to one reason or the other and  this Court  on  April 26, 1999 considered various aspects of  the matter  and  made  an order on I.A.No.13 in  W.P.   (C)  No. 174/91.

   After  considering the various circumstances, this Court directed  that State of Bihar should stand guarantee for the supply  of four diesel generating sets to the tune of  three crores  so  that the difficulty in getting the power  supply would  stand  obviated  and  the  company  should  give  the proposal  to  the State of Bihar in that regard  upon  which appropriate  orders should be passed by the Government.   It was  specifically noticed that the petitioner union,  though was  all along prepared to enter into the agreement but some how it could not be done but subsequently another registered union,  viz.,  Ashok  Paper Mills  Mazdoor  Panchayat  Union entered  into  an  agreement.   This  Court  stated  on  the agreement  entered  into  with  the   latter  Union  in  the following terms :

   ..   Without delving into the question as to  whether the  Kamgar  Union  itself  did   not  participate  in   the proceedings and did not enter into an agreement or the Union was prevented by some other process since a registered Union has already entered into an agreement and the such Union has membership  of 243, we think it appropriate to hold that the said  agreement would be valid agreement for the purpose  of implementation of the scheme.  But at the same time, we also grant  an  opportunity  to  Kamgar Union to  enter  into  an agreement with the same terms which has already been entered into  by  the other Mazdoor Panchayat Union and this may  be done within a period of four weeks from today and if such an agreement  is entered into within this period then this will be in accordance with the terms of the scheme itself.

   If,  however,  Kamgar  Union  does not  enter  into  any agreement  within  four  weeks from today then  they  cannot complain  of  other  union having already entered  into  the

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 3  

terms  with  the Company and the individual members  of  the Union  those who are interested in abiding by the  agreement already  entered into by the other Union can do so on  their own  and  this should be also in accordance with the  scheme that has been approved by this Court.

   Thereafter  a review petition was filed questioning  the correctness  of  this order.  However, that review  petition stood dismissed.

   It  is  the contention of the Petitioner that under  the scheme finalised by this Court on 6.7.96, clause 1.4 has not been  implemented  in  the true spirit  thereof;   that  the take-over,  though was originally stated to be from 18.8.97, subsequently  the monitoring committee fixed the date to  be 26.12.1997,  even  so  within six months thereof,  the  work force  has  not  been absorbed by NCFL nor  entered  into  a tripartite  agreement between the workers union, Government of Bihar and NCFL much less any of the past liabilities have been  discharged;   that the NCFL has also not paid  workers their  monthly  salary @ 50% of their last earned salary  of the  month  when production was not terminated;  that,  Shri Umadhar  Prasad Singh informed that he was agreeable to sign the  agreement  provided some changes are made in the  draft tripartite agreement;  that the suggestions made by him were discussed   by  the  monitoring   committee,  found  to   be reasonable   and  should  be   included  in  the  tripartite agreement;   that no such agreement was entered into but  on the  other  hand  an agreement has been  entered  into  with another  union;  that a secret letter was sent by the Labour Commissioner  on  May  4, 1998 stating that  the  said  Shri Umadhar  Prasad Singh, President of the Petitioner union has been  adopting an attitude of non-cooperation and was taking an  aggressive  stand, though there was merit in  the  claim made  by him in regard to fixation of wages which should  be covered  by  the prescribed norms of industry based  on  the length   of   service,   experience,  technical   knowledge, acquisition of skills and if unskilled then the knowledge of the  work which the worker had acquired during the course of work;  that a memorandum of tripartite agreement was arrived at by NCLF and, on behalf of the workmen, by the Ashok Paper Mills  Mazdoor  Panchayat Union on May 20, 1998  had  almost surrendered  their  normal claims of workmen for  which  the Petitioner union has been fighting all along;  that the said agreement was entered into by maneuvers of the management of NCLF and, therefore, we should not take note of the same but give  effect  to clause 1.4 of the scheme finalised by  this Court independently.

   Whether  there is any merit or none in the arguments  on behalf of the applicant in I.A.No.13, it is not possible for us  to go back on the order made by this Court on  26.4.1999 and  the  order  made on the review  petition.   Though  Ms. Indira  Jaising,  learned senior counsel appearing  for  the applicant,  very  strenuously and forcefully submitted  that the  order  made  by  this Court on  26.4.1999  is  only  an interlocutory  order,  we  do  not think that  it  would  be correct to state so because the specific manner in which the scheme  had  to be implemented has been considered  by  this Court  in the aforesaid order.  The very arguments  advanced before  us  now had been raised in the review  petition  but rejected.   Therefore,  we  reject   this  contention   too. However,  we make it clear that any of the workman who is  a

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 3  

member of the Petitioner union may also be permitted to join the  work  in  the NCFL on the terms and  conditions  stated under  the  memorandum  of  tripartite  agreement  to  which reference has been made by this Court in the orders adverted to above, if such claim is made within a period of one month from the date of this order.

   Interim  Application  No.   8/2000 in I.A.Nos.3 &  5  in Interlocutory  Application  No.   13  has  also  been  filed seeking  to  restrain  Shri  Umadhar Prasad  Singh  and  his associates  and/or agents from interfering or obstructing in the  reopening/rehabilitation of Ashok Paper Mills Ltd.  and free  ingress  and  egress  of personnel  of  the  Mill  and movement of goods inside and outside of the mill and to give direction  to all the persons and concerned agencies for the implementation  of  the  scheme.  It is now brought  to  our notice   that  the  mills   have  started  functioning  and, therefore,  it is not appropriate to pass any order on  this relief at this stage.  So far as the other relief sought for as to co-operation of other agencies is concerned, it is not clear  as to what relief the applicant wants and in  respect of  whom,  without  which no appropriate  direction  can  be granted  by this Court.  Therefore, this relief also  cannot be granted at this stage and in the manner sought for.  This application shall stand disposed of accordingly.