M. Jagannadha Rao, J. - (1.) The dispute in this batch of I.As. is between the Workmen and Management of M/s. Birla Textiles (Prop. Textile Ltd., Calcutta). Common questions arise in all these I .As.
(2.) The I.A.202 of 1992 (in T.A.22 in W.P.4677 of 1985) has been filed on behalf of 2800 workers of M/s. Birla Textiles (Proprietor Textiles Ltd., Calcutta) (the "Industry") who claim to have worked for various periods ranging from 5 to 30 years and whose services are in jeopardy upon the closure of the industry at Delhi, consequent, to orders of this Court. The relief sought for in this I.A. are (1) payment of full back wages with effect from December 1, 19% along with 18% interest, (ii) to treat the workmen as in continuous employment from December 1, 1996, (iii) to direct the industry to deem that the workmen have exercised option to shift in accordance with order of this Hon'ble Court, (iv) to direct the industry to give 1 year's wages as shifting bonus, (v) to direct the industry to ask the workmen to report at the selection sites after the factory is fully setup and: commenced production, with basic amenities for the workers and the families.
(3.) The following are the facts: By an order dated July 8, 1996 in M.C.Mehta v/s. : AIR1996SC2231 , this Court directed closure of 168 industries including the industry in question. Various directions were given including the grant of incentives and benefits to industries desiring to relocate and also for payment of various amounts to the workmen. We are mainly concerned with directions 9(a) to (f) issued in the above case which read as follows: "(9) The workmen employed in the above -mentioned 168 industries shall be entitled to the rights and benefits as indicated hereunder: (a) The workmen shall have continuity of employment at the new town and place where the industry is shifted. The terms and conditions of their employment shall not be altered to their detriment; (b) The period between the closure of the industry in Delhi and its restart at the place of relocation shall be treated as active employment and the workmen shall be paid their full wages with continuity of service; (c) All those workmen who agree to shift with the industry shall be given one year's wages as "shifting bonus to help them settle at the new location; (d) The workmen employed in the industry which fail to relocate and the workmen who are not willing to shift along with the relocated industries, shall be deemed to have been retrenched with effect from November 30, 1996 provided they have been in continuous service (as defined in Sec. 25B of the Industrial Disputes Act, 1947) for not less than one year in the industries concerned before the said date. They shall be paid compensation in terms of Sec. 25F(b) of the Industrial Disputes Act, 1947. These workmen shall also be paid, in addition, one year's wages as additional compensation; (e) The "shifting bonus" and the compensation payable to the workmen in terms of this judgment shall be paid by the management before December 31, 1996. (f) The gratuity amount payable to any workmen shall be paid in addition.";