ARUN TANDON,J. - (1.) HEARD Sri J.N. Tewari, Senior Advocate assisted by Sri Gopal Mishra, Advocate on behalf of the petitioner, Sri L.M. Singh, Advocate on behalf of the respondent Nos. 5, 6 and 7 and learned Standing Counsel on behalf of the respondent Nos. 1 to 4.
(2.) THE petitioner, namely, National Textile Corporation U.P. Ltd., is a Government of India undertaking established for the purposes of running textile mills taken over by the said corporation under the Sick Textiles Undertakings (Nationalization) Act, 1974. Respondent Nos. 5, 6 and 7, namely, Sri Raghunath Jha, Sri Prabhunath Singh and Sri Amrit Lal Sharma were working as clerks in the M/s. Swadeshi Cotton Mills (a unit of National Textile Corporation (U.P.) Ltd.), Juhi, Kanpur prior to the same being nationalized under the Swadeshi Cotton Mills Company (Ltd.) (Acquisition) and Transfer of Undertakings) Act, 1986. Between Raghunath Jha (respondent No. 5) and M/s. Swadeshi Cotton Mills a dispute arose with regard to the grade admissible to the workmen. The said dispute was registered as Adjudication Case No. 48 of 1990 before the Labour Court Kanpur. The Labour Court (4), Kanpur by means of the award dated 6th April, 1979 held that Sri Raghunath Jha (respondent No. 5) was entitled to be designated as 'Assistant' and paid salary in the Pay -scale of Rs. 1200 -2040. The aforesaid award of the Labour Court was challenged by the employers before this Court by means of the Writ Petition No. 35500 of 1992. However, in the said writ petition, no interim order has been granted in favour of the petitioner. Similarly, there was a dispute between Prabhunath Singh and the employers, which was registered as Adjudication Case No. 177 of 1996. The Labour Court (4), Kanpur by means of the award dated 20th October, 1997 held that Sri Prabhunath Singh (respondent No. 6) was entitled to be designated as 'Assistant' and paid salary in the pay -scale of Rs. 1400 -2300. Against the said award of the Labour Court the employers had filed writ petition No. 37464 of 1998 before this Court. In the said writ petition the employers have not been granted any interim order. The dispute of grade and salary between Sri Amrit Lal Sharma (respondent No. 7) and the employers was registered as Adjudication Case No. 173 of 1993 before the Labour Court. The Labour Court (4), Kanpur by means of the award dated 8th April, 1996 held that Sri Amrit Lal Sharma was entitled to be designated as 'Assistant' and paid salary in the pay -scale of Rs. 1200 -2040. Against the said award of the Labour Court, the employers filed writ petition No. 29912 of 1996 before this Court. However, no interim order has been granted in the said writ petition. It is further admitted that the National Textile Corporation has yet not been impleaded as one of the petitioners in the aforesaid writ petition.
(3.) THE Respondent Nos. 5, 6 and 7 on the strength of the awards filed Applications under Section 6 -H(1) of the U.P. Industrial Disputes Act, 1947 for the payment of difference and wages and increments for the following periods: Respondent No. 5 for the period of 1st January, 2001 to 22nd April, 2003, Respondent No. 6 for the period of 1st August, 2002 to 31st March, 2003 and, Respondent No. 7 1st January, 2001 to 22nd April, 2003. ;