- (1.) In the writ petition Kanoria Jute and Industries Limited, Sangrami Shramik Union, the petitioner No.1, its General Secretary, the petitioner No. 2 and a member of the petitioner No.1 and a worker of Kanoria Jute and Industries Limited (for short 'KJIL') the petitioner No.3 have prayed for a direction upon the respondents to extend the benefit of the "Scheme for Financial Assistance to the Workers in Locked out industrial units (FAWLOI)" (for short "the Scheme") with effect from 1st April, 2007 instead of 1st July, 2007 as mentioned in the notification dated 11th October, 2007 ("said notification" for short) issued by the Labour Commissioner, respondent No.3. The submissions of the petitioners in brief are since, KJIL, the unit, is under lock out since 19th March, 2006, under the Scheme it is eligible for coverage with effect from 1st April, 2007 instead of 1st July, 2007. Since the Scheme is a beneficial one and as evident from the notification it was the decision of the State to extend the benefit of the scheme for another one year with effect from 1st April, 2007, the decision of the Government not to extend it to the employees of the unit from 1st April, 2007 is against the purport of the Scheme. According to the petitioner though units which were already enjoying the benefits of the Scheme would continue with such enjoyment with effect from 1 st April, 2007, however, the employees of KJIL would stand deprived from the benefits for the period 1 st April, 2007 to 30th June, 2007 for some inexplicable reason which is in violation of the provisions contained in Article 14 of the Constitution of India. Thus, the workers of KJIL had been discriminated against. Since the workers are leading their lives abject poverty, a representation dated 30th January, 2009 was furnished before the respondent No.3 praying for extension of the Scheme from April, 2007 and for payment of arrears. However, it has gone unheeded. Being aggrieved the writ petition.
(2.) The writ petition was moved on 23rd April, 2009 when after hearing the learned Advocates for the parties directions were issued for filing of affidavits. Affidavits have since been exchanged and are on record.
(3.) Learned Advocate for the petitioner reiterating the statements in the writ petition submitted that the fixation of date for giving effect to the Scheme cannot be on the whims of the Selection Committee. Once units are found to be eligible and identification is made by the Screening Committee, procedure under the Scheme would naturally follow. Notice is issued to the workers of the approved units. In the instant case as undisputedly the unit has fulfilled all the stipulations and more particularly as it has been locked out since 19th March, 2006, that is as it was under lock out more than one year as on 1st April, 2007, the workers are entitled to the benefits from 1st April, 2007 and not with effect from 1 st July, 2007 as mentioned in the notification dated 11 th October, 2007. Moreover, the notification is not supported by a decision arrived at by the Screening Committee.;