- (1.) The petitioners who are 62 in number, are the employees of Hindustan Machines Tools Limited (In short 'HMT') and are working in its Unit situated at S.A.S. Nagar (Mohali) (Punjab) 9th August, 1993 was a working day for the petitioner. As per the averments made by the petitioners on 7th August, 1993, the Central Government as well as die State Government decided to declare 9th August, 1993, as a holiday on account of the Golden Jubilee Celebrations of 'Quit India Movement' in the Country. Further, according to the averments, it was flashed on the T.V. as weH as it was published in the Newspaper that 9th August, 1993 had been declared as a holiday throughout the Country. It was, according to the petitioners, on this account that they did not attend to their work in the Factory on 9th August, 1993. The Joint General Manager (H) of the Unit of HMT at S.A.S. Nagar passed an order on 9th August, 1993, which is to the following effect:- "It has been observed that all the workmen have abstained themselves from their work in a concerted manner today, the 9th August, 1993 for the whole of the working day, i.e. from 8.00 A.M. to 4.00 P.M. which constitute strike. Accordingly, they have incurred all the liabilities and consequences arising out of the illegal strike which among other things involved the deduction of salary. No leave, of any kind whatsoever, shall be admitted for the said day."
(2.) The abovesaid order was challenged by the petitioners by way of a petition being C.W.P. No. 10535 of 1993 in this Court. The impugned order was attached as Annexure P-3 to the writ petition. On 31st August, 1993, the Motion Bench passed the following order:- "Notice of motion for 12th October, 1993. In the meantime operation of the impugned order dated 9.8.1993, Annexure P-3 shall remain stayed."
(3.) On 6th September, 1993, an application was filed by the respondents for vacating the abovementioned stay order. Written statement had also been filed by the respondents. The matter came up for hearing on 7th September, 1993 before the Motion Bench and it was ordered that the hearing of the main case is preponed from' 12th October, 1993 to 14th September, 1993.;