- (1.) This writ petition has been filed jointly by four petitioners namely; Bhanwar Singh, Bhanwarlal, Surajmal Lodha and Nemichand jointly, who were employed with National Textile Corporation Ltd. at Beawar. The Government of India, Ministry of Textiles, New Delhi introduced a voluntary retirement scheme for modernization and rehabilitation for the workmen employed in the National Textile Corporation Units at Beawar, which scheme was circulated vide Circular dated 9/9/1992. National Textile Corporation gave option to their employees to establish their own powerlooms and for that purpose, they were offered to buy existing powerlooms of National Textile Corporation. In that scheme, the respondents also ensured for advancement of loan to the workmen through Rajasthan Financial Corporation for establishing such powerlooms. Clause 4 of the scheme inter- alia provided that such of the workmen, who would take existing powerloom of National Textile Corporation, would be granted 33% as production incentive / subsidy of the capital investment and those, who establish new powerloom, would be granted 25% as production incentive/subsidy of the capital investment. The said production incentive/subsidy was to be granted on recommendation of a Committee to be constituted by the Government of India. All the petitioners in the present petition had purchased the existing powerlooms of the National Textile Corporation.
(2.) Petitioner No.1-Bhanwar Singh established proprietorship firm in the name & style of M/s.Gehlot Textiles at Beawar and had invested a sum of L 1,72,665/- on his own on purchase of machinery and had taken a loan from R.F.C. for an amount of L 3,11,000/- and certain other amount and in all invested a sum of L 6,82,665/-. Petitioner No.2-Bhanwarlal established proprietorship firm in the name & style of M/s.Ambika Power Loom Factory at Beawar and had invested a sum of L 5,08,000/- out of which, he took loan from R.F.C. for an amount of L 3,26,000/-. Similarly, petitioner No.3-Surajmal Lodha established proprietorship firm in the name & style of M/s.Ganpati Vastra Udyog at Beawar and invested a sum of L 5,84,000/- out of which, he took loan from R.F.C. for an amount of L 3,13,000/-. Petitioner No.4 - Nemichand established proprietorship firm in the name and style of M/s.Ganpati Powerloom Factory at Beawar and invested a sum of L 3,12,000/- out of which, he took loan from R.F.C. for an amount of L 1,92,000/-.
(3.) Contention of the learned counsel for the petitioners is that despite the Government of India promising to pay incentive/subsidy to the extent of 33% of the capital investment, did not keep up that promise. Petitioners initially repaid substantial amount of loan to R.F.C. but because the promise/help by the Government of India did not come about, they went into default. R.F.C. proceeded against them under the State Financial Corporation Act. It was in that situation that petitioners approached this Court by filing different four writ petitions, petitioners No.1 to 3, in the name of their respective firm and petitioner No.4 on his own name, with the prayer that the National Textile Corporation be directed to release the production incentive/ subsidy of the capital investment to the extent of 33% and Rajasthan Financial Corporation be directed not to initiate the proceedings against them under the State Financial Corporation Act. Writ petitions in so far as petitioner No.2 seeking direction to the R.F.C. not to initiate proceedings under the State Financial Act is concerned, were dismissed on merits, however in regard to first prayer seeking direction to National Textile Corporation to release the production incentive/subsidy, writ petition was dismissed for want of nonjoinder of necessary party holding that such production incentive / subsidy could be granted only by the Government of India. Since Government of India is not party, therefore mandamus prayed for cannot be issued. However, the learned Single Judge while deciding all the four writ petitions by a common judgment dated 7/6/1996 held that inaction on the part of the Government of India in not timely constituting the committee and not getting the case of the petitioners for grant of incentive/ subsidy processed and considered under the rehabilitation scheme was highly unfair and unreasonable. It is thereafter that the petitioners again approached this court by jointly filing this writ petition inter-alia with the prayer that a mandamus be issued to the respondent- Government of India to pay to them production incentive/subsidy to the extent of 33% of the capital investment made by them.;