Decided on July 24,1996

Sukumar Mukherjee And Ors. Appellant
Union of India And Ors. Respondents


N.N. Bhattacharjee, J. - (1.)The writ petitioners. 21 (sic).number, joined the Aluminium Corporation of India Limited in its factory at Jaykaynagar, Asansol on different dates as stated in paragraphs (sic) to 22 of the writ application and they were on the roll of employment of the said Corporation on 15th September. 1973 when a lockout in the said factory was declared by the Corporation management. Although the factory was locked but the Officers including the writ petitioners were allowed to continue to do their duty. However from 1st June; 1974 the management of the Corporation started issuing letters to the writ petitioners and others asking them to go on, leave without pay until further notice. By an order dated 1st May. 1978 issued by the Govt, of India under sub -section 2 of Sec. 18AA of the Industries (Development and Regulation Act), 1951 respondent no. 4. Bharat Aluminium Company Ltd. (in short BALCO) was appointed as the authorised person for taking over the management of the said Corporation. in relation to its (sic) undertaking at Jaykaynagar.
(2.)By virtue of Sec. 3 of the Aluminium Corporation of India Ltd. (Acquisition and Transfer of Aluminium Undertaking) Act, 1984 w.e.f. the appointed day i.e. 2nd June, 1984, the Aluminium undertaking of the said corporation and the right, title and interest of the Corporation in relation to that undertaking stood transferred and vested in the Central Govt.
(3.)By a notification dated 21st June, 1984 issued under sub -section (1) of Sec. 6 of the said Aluminium Corporation Acquisition and Transfer of Aluminium Undertaking Act, 1984 the Central Govt, directed that the aluminium undertaking at Jaykaynagar. Asansol of the Aluminium Corporation of India Ltd. at Calcutta and the right, title and interest of the company in relation to that undertaking, which have vested in the Central Govt. Under Sec. 3 of the said Act, shall, instead of continuing to vest in the Central Govt., vest in the Bharat Aluminium Company Ltd. w.e.f. 2nd June, 1984.

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