Sibghat Ullah Khan, J. - (1.) In spite of sufficient service, no one has appeared on behalf of contesting Respondent. Heard learned Counsel for the Petitioner.
(2.) This writ petition is directed against order dated 24.12.1997 passed by Presiding Officer, Labour Court (IV), U.P. Kanpur in Misc. Case No. 215 of 1995, which was a case initiated by workman Respondent No. 2, Sri K.K. Tiwari under Sec. of the Industrial Disputes Act. Respondent No. 2 had claimed Rs. 6727.62 as Variable Dearness Allowance (VDA) in pursuance of some settlement for the period from September, 1982 to March, 1985. Through the impugned order entire claim was accepted.
(3.) Learned Counsel for the Petitioner has argued that prior to 01.04.1985 no liability could be enforced upon the Petitioner. In support of this contention reliance has been placed upon a judgment dated 01.05.2007 given in Writ Petition No. 3321 of 1986, Swadeshi Cotton Mills, Juhi v/s. The Labour Court II, U.P., Kanpur and Ors. In the said case, it has been held that as w.e.f. 01.04.1985, National Textiles Corporation took over the management of Swadeshi Cotton Mills under provisions of Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, hence prior liability is not to be shared by N.T.C. Penultimate paragraph of the said judgment is as follows: From the perusal of the aforesaid provisions, it is clear that any liability prior to the appointed dated i.e. 1st April, 1985 shall be enforceable only against the company, i.e., Swadeshi Cotton Mills Limited and not against Nation Textiles Corporation.;