PRATAP KUMAR RAY,J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) Assailing the judgment and order dated 14th June, 2010 passed by the Learned Trial Judge in W.P. No. 881 of 2007 this appeal has been preferred. Learned Trial Judge disposed of the writ application giving liberty to the writ petitioner to approach to the official liquidator of Tea Trading Corporation of India Limited having regard to the earlier order passed by Barin Ghosh, J. (as His Lordship then was) in W.P. No. 268 of 1999 being the order dated 12th October, 1999 whereby the receiver was appointed to sell the assets of Tea Trading Corporation of India Ltd. in auction and direction passed for payments to the workmen and other payments, detailed in the said order.
(3.) It is the submission of the learned Advocate for the appellant that the Learned Trial Judge did not consider the notification of Central Government dated 21st November, 1985 wherein the Central Government agreed that Tea Trading Corporation of India Ltd. would be a subsidiary company of State Trading Corporation of India Ltd. and employment of existing employees of Tea Trading Corporation of India Ltd. should be protected on existing terms and conditions. It is contended that since the Central Government agreed that the State Trading Corporation of India Ltd. will carry the liabilities of payments of wages to the workmen and salaries to the employees, writ application was maintainable praying relief thereof against the State Trading Corporation of India Ltd. However from the averments of the writ application, it appears that Tea Trading Corporation of India Ltd. was merged with the Projects and Equipments Corporation of India Ltd. on 28th March, 2003 by transfer of shares in terms of the direction of Ministry of Commerce and Industries, Government of India, being the Public Sector Unit, under the Ministry of Commerce and Industries, Government of India. In view of such merger of the company, Tea Trading Corporation of India Ltd. with the Projects and Equipments Corporation of India Ltd., naturally the question would arise about the payments of wages to the workmen and salaries to the employees who earlier worked in Tea Trading Corporation of India Ltd. and thereby due to merger of the company with Projects and Equipments Corporation of India Ltd. became the employees of Projects and Equipments Corporation of India Ltd. The order passed by Justice Barin Ghosh, J. (as His Lordship then was) as relied upon by the Learned Trial Judge was passed in a different factual point and there was no merger of the Tea Trading Corporation of India Ltd. with a different company namely Projects and Equipments Corporation of India Ltd. Learned Trial Judge accordingly, in our view, fails to appreciate the approach of the writ petitioner as made in the writ application with positive pleadings to that effect about the merger of the erstwhile Tea Trading Corporation of India Ltd. with the company, Projects and Equipments Corporation of India Ltd. and its consequential effects thereof.;