B.P.BANERJEE, J. - (1.) This is an appeal against the order of the learned trial Judge passed in C. O. No. (not yet numbered) in Jana Sevak Karjyalaya Ltd. and another v. State of U.P. and another. By the said order the learned trial Judge after entertaining the writ application passed an ex parte interim order of injunction against the appellants with a direction upon the writ petitioners opposite parties to serve copy of the appellants. In this appeal the only contention of the appellants before us is that the learned trial Judge acted without jurisdiction and was wrong in passing the interim order of injunction inasmuch as this High Court has no jurisdiction to entertain the said writ application inasmuch as the cause of action wholly had been arisen outside the jurisdiction of this court. The appeal is confined only to this limited point. In order to decide this question, the relevant facts for this purpose are only considered.
(2.) 'Janasevak Group of Newspapers' publishes their newspapers from Lucknow. The said newspaper group is obliged under the 'Bachawat Award' to make payment of salaries and wages to the employees. The inability on the part of the employer to make payment as per the Award could not be utilised for the purpose of retrenchment and/or dismissal of the employees. It is stated that the writ petitioners opposite parties along with some other group of newspapers moved the Hon'ble Supreme Court challenging the validity of the said Award. Upon such application the Supreme Court was pleased to pass an interim order directing the parties to implement the said Award with effect from 1/01/1990. With regard to arrears, however, the Hon'ble Supreme Court directed to make payment of 50% of arrears within a period of three months subject to adjustment depending upon the final order. In view of that interim order there was an injunction upon the parties not to initiate any proceeding/ until the cases were disposed of by the Supreme Court. It is alleged that the writ petitioners opposite parties in contravention of law issued the order of retrenchment of 92 journalists and other newspapers employees serving in the said organisation on the plea of inability to make payment of wages in accordance with the 'Bachwat Award'.
(3.) Notice under Section 25F of the Industrial Disputes Act, 1947 was issued to retrench 49 working journalists on 17/06/1993. Similar notice for retrenchment was issued by the writ petitioners/opposite parties in purported compliance of Section 6N of the U.P. Industrial Disputes Act, 1947.;