- (1.) This writ application is directed against an award dated September 16, 2003 passed by the learned Judge 9th Industrial Tribunal at Durgapur in case no.X-7(2000).
(2.) This case has a checkered history as follows:- Respondent no.3 was a company incorporated under the Companies Act, 1956 having its registered office at post office Panchra , District Birbhum West Bengal. The Mill of the respondent no.3(hereinafter referred to as the said Mill) was a manufacturing unit of cotton textile articles from raw cotton. It was closed in the year 1986.
(3.) The Industrial Reconstruction Corporation of India Ltd., referred the matter to BIFR. The said Mill was wound up in terms of an order dated September 20, 1989. The assets of the said Mill were purchased by the Government of West Bengal in auction sale in liquidation proceeding of company. After purchasing those assets, a notification was issued by the Government of West Bengal on January 4, 1990 constituting a committee of management of the said Mill. The said Mill started functioning from February 1990. Most of the employees /workmen of the erstwhile company were engaged afresh to there respective posts on temporary basis which they had been holding prior to the winding up of the above company.;