Sambuddha Chakrabarti, J. - (1.) By this writ petition, the petitioner has, inter alia, prayed for a writ in the nature of mandamus commanding the respondents to withdraw the orders, dated March 21, 2013 and September 30, 2015 respectively passed by the Learned Judge, 2nd Labour Court, West Bengal, and for other ancillary reliefs.
(2.) The case of the petitioner, inter alia, is that it was declared sick in the year 1988 and its factory in Kolkata was placed under suspension of work since December 29, 1987. According to the petitioner all the workmen, including the respondent no. 1 who was posted in a factory of the petitioner company, were paid their full salaries and wages upto the date of suspension of operation and there is nothing due to any workman towards back wages.
(3.) The scheme for revival of the petitioner company was sanctioned by the Appellate Authority of Industrial and Financial Reconstruction (AAIFR) in the year 2000. The operating agency, i.e., ICICI Bank, clarified by a communication, dated July 5, 2002, that the sanctioned scheme did not provide for interest on delayed payment of employees' dues including gratuity. The scheme did not also envisage payment of any back wages for the period the units were closed. The company was further intimated that any additional payment in respect of interest for delayed payments would jeopardize the implementation of the scheme.;