Pranab Kumar Chattopadhyay, J. - (1.) The present writ petition has been filed by the recognised trade unions of Shree Mahalaxmi Cotton Mills (hereinafter referred to as SMC Mills) and Central Cotton Mills (hereinafter referred to as CC Mills) on behalf of their members' workmen. The writ petitioners have challenged the orders dated April 4, 2002 issued by the Government of India granting permission to close down Shree Mahalaxmi Cotton Mills and Central Cotton Mills, the notices dated April, 12, 2002 the Chairman-cum-Managing Director of National Textiles Corporation (WBABO) Ltd. [hereinafter referred to as NTC (WBABO) Ltd.] declaring closure of the said Shree Mahalaxmi Cotton Mills and Central Cotton Mills from May 6, 2002 and the notices dated April 18, 2002 and April 24, 2002 issued by the General Managers of the said SMC Mills and CC Mills respectively directing transfer of the workers to other NTC Mills. The writ petitioners also challenged the action of NTC (WBABO) Ltd. for not offering options to the employees of the aforesaid SMC Mills and CC Mills regarding voluntary retirement instead of transfer to the viable mills.
(2.) The facts of the case as stated in this writ petition are summarised hereinafter: In or about 1974 various Sick Textile Units/Mills all over the country were nationalised under the Sick Textile Undertakings; (Nationalisation) Act, 1974 and the right, title and interest of the erstwhile owners of such textile units/ mills stood transferred to and vested absolutely in the Central Government. SMC Mills and CC Mills were amongst those textile, mills which vested first in the Central Government and then in the subsidiary corporation of the NTC (WBABO) Ltd.
(3.) Since SMC Mills and CC Mills along with 14 other mills situated in West Bengal, Bihar, Orissa and Assam were incurring huge losses due to various reasons, a reference was made to the Board for Industrial and Financial Reconstruction (hereinafter referred to as the BIFR) under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as the SICA) by the National Textiles Corporation (Holding Company) [hereinafter referred to as the NTC (HC)]. The NTC (HC) had been declared sick on July 8, 1993 and IDBI was appointed as the Operating Agency under Section 17(3) of the SICA to formulate a revival scheme.;