B.Ghosh, J. - (1.) Appeal No. 470 of 1998 was disposed of by a judgment dated 6th December, 1991. Subsequently, certain disputes arose in regard to the interpretation of the said judgment and as such an application was filed for clarification thereof. By a judgment dated 22nd May, 1997 the application for clarification was disposed of.
(2.) Pursuant to the judgment dated 6th December, 1991 certain bank guarantees were obtained by Samsing Plantation Industries Limited from Allahabad Bank, which bank guarantees were furnished in favour of the Commissioner of Commercial Taxes, West Bengal. Dispute arose in relation to enforceability of the said bank guarantees. Those disputes were set at rest by the judgment dated 22nd May, 1997. In that judgment the mode and method of invoking the said bank guarantees had been provided.
(3.) By filing T 623 of 1998 the Samsing Plantation Industries Limited brought on record that it owns and manages one of the largest Tea Estates in the State of West Bengal, situated on the hills of North Bengal near Darziling for which it employs largest number of workmen, who along with their family members reside within the said Tea Estate and that there are two Unions operating in the said Tea estate, members of which are fighting against each other resulting in blood-shed and as a consequence, the petitioner-company had no other option but to declare lock out. In that application appropriate reliefs were sought to prevent the situation becoming worse and to create appropriate atmoshphere so that the tea garden and the tea industry of the petitioner company can be saved along with lives and properties of its workmen and their family members residing within the said Tea Estate.;