ASHOK PARIHAR,J. - (1.) Challenging the closure order passed by the State Government u/s. 25-05 of the Industrial Disputes Act on 15.3.1994, the writ petition was filed by the petitioner-Union on 9.5.1994. As per provisions of Section 25-O(5) a review petition could be filed either by the employer or the concerned workman before the State Government for reviewing the order passed u/s. 25(O). As has been submitted by counsel for the parties that the review petition filed by the concerned Union has also been dismissed. In the present writ petition time was sought on 9.8.1996 to amend the writ petition challenging the order of review also. However, no such application has so far been filed. Ultimately, an application was filed on behalf of the petitioner-Union as also the employer for withdrawing the writ petition in view of compromise between the parties. The writ petition was dismissed as withdrawn accordingly vide order dated 21.7.2000. The application for withdrawing the writ petition had duly been signed by General Secretary of the petitioner-Union who had also filed the affidavit in support of the writ petition as also their counsel Mr. Kashyap.
(2.) Subsequently, it appears that a dispute might have arisen between the Vice President Mr. Mahaveer Singh and then Secretary Mr. Onkar Singh. An application for recalling the order dated 21.7.2000 was filed by Mr. Mahaveer Singh on 22.9.2000 with allegation that 21 concerned workmen have not been paid their dues as per the orders passed by the State Government and there have been no agreement between the Union and the employer. Notices were issued to the application (sic) on 25.4.2001. However, it further transpires that the original employer M/s. Kelvinator of India Limited was first taken over by M/s. Whirlpool India Ltd. and then subsequently, the M/s. whirlpool India Ltd. has also been taken over by Pacco Industrial Corporation and Monto Motors. Though separate applications have been filed by the petitioner for substituting M/s. Whirlpool India Limited as party respondent in place of M/s. Kelvinator of India Ltd. And then Pacco Industries Corporation and Monto Motors also in place of the above referred parties.
(3.) After hearing counsel for the parties, I have carefully gone through the entire material on record.;