- (1.) The petitioners are Employers disillusioned with an award of the Presiding Officer, Industrial Tribunal (3), U.P., Kanpur passed in an industrial dispute between them and their workmen. The original petitioners were a certain Duncans Industries Limited (formerly known as Chand Chhap Fertilizer and Chemicals Limited, Fertilizer Division, Panki, Kanpur). It appears that due to losses suffered in business by Duncans they became sick and were declared a sick industrial company by the Board of Industrial and Financial Reconstruction (for short, 'the BIFR'), under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 vide order dated 21.07.2007. The State Bank of India were appointed the operating agency to explore avenues for revival of the sick industrial company. In proceedings before the BIFR, a certain M/s. Kanpur Fertilizer and Cement Limited proffered to work in joint venture for revival of the sick industrial company. The operating agency acting on the said offer, drew up and presented a draft Rehabilitation Scheme on January the 16th, 2012 to the BIFR. This scheme was sanctioned by the BIFR in terms that the fertilizer undertaking of Duncans would be transferred to and vest in M/s. Kanpur Fertilizers and Cement Limited, as a going concern. The sanctioned Rehabilitation Scheme also transferred all liabilities of Duncans to M/s. Kanpur Fertilizers and Cement Limited, including pending legal proceedings. It is in this manner that the petitioners' name has now been changed to M/s. Kanpur Fertilizers and Cement Limited, Panki, Kanpur.
(2.) M/s. Kanpur Fertilizers and Cement Limited sought impleadment in place of Duncans through Civil Misc. Application No. 199844 of 2012. This application was allowed by an order of the Court dated 22.08.2012. The petitioners, originally called Duncans Industries Limited (Fertilizer Division), Panki, Kanpur, have since been virtually substituted as M/s. Kanpur Fertilizers and Cement Limited, Panki, Kanpur. The petitioners have been impleaded under their new name and style, rather incongruously as petitioner No. 1/1. The petitioners ought to have been impleaded as M/s. Kanpur Fertilizers and Cement Limited, with their particulars, after striking out the name of Duncans from the array. Nevertheless, that need not detain this Court any further, except for a remark that M/s. Kanpur Fertilizers and Cement Limited, Kanpur, Panki are and shall be the sole petitioner of this writ petition in place of Duncans.
(3.) The Employers have moved this Court praying for a writ, order or direction in the nature of certiorari to quash the award of the Presiding Officer, Industrial Tribunal (3), U.P., Kanpur (Published on 10.05.2000) passed in Adjudication Case No. 162 of 1989 between the Employers and their twenty-seven workmen, twenty-four of whom are arrayed here as respondent nos. 6 to 29. The respondents-workmen are hereinafter referred to as 'the workmen'. Four of the workmen are dead and have been substituted by their heirs and legal representatives vide an order of this Court dated 10.09.2018. The future reference to workmen, shall include those legal representatives. The award passed by the Labour Court, last mentioned, shall hereinafter be called ''the impugned award'.;