- (1.) Aggrieved by order dated 22.07.2014 in Reference No. 11 of 1987 / 04 of 2003, the present writ petition has been filed.
(2.) Briefly stated, the facts narrated in the writ petition are summarised thus ; (i) The petitioner is a public sector undertaking of the Government of India. Initially, it was created as 100% subsidiary of Minerals and Metals Trading Corporation (MMTC) in the year, 1973. By virtue of an order passed by BIFR in the year, 1996 it finally merged with MMTC Ltd. It is stated that certain dispute arose which led to reference by the then Government of Bihar on 15.09.1987 and an award was passed on 28.11.1994. The said award was challenged in C.W.J.C. No. 3892 of 1995 (R) and this Court setaside the said award with a direction to the Industrial Tribunal to decide the reference afresh. The Letters Patent Appeal being L.P.A. No. 870 of 2003 was filed challenging order dated 30.09.2003, in which the order passed in C.W.J.C. No. 3892 of 1995 (R) was affirmed however, with a liberty to raise the plea of competence of the Government to make reference. A Special Leave Petition being S.L.P. (C) No. 16751 of 2012 was filed raising a plea that the paying capacity of the employer is also a relevant factor which should have been considered by the industrial tribunal. The Special Leave Petition was disposed of vide order dated 24.01.2014 with a direction to the industrial tribunal to dispose of reference, expeditiously. Thereafter, on 24.03.2014 an application seeking leave to file additional written statement was filed in Reference Case No. 11 of 1987. The Industrial Tribunal refused to grant leave for filing additional written statement. Aggrieved, the petitioner has preferred the present writ petition.
(3.) Mr. Raj Nandan Sahay, the learned Senior counsel for the petitioner submits that in view of order passed by the Hon'ble Supreme Court that paying capacity of the employer is a necessary factor which must be considered by the tribunal, the petitioner filed application dated 24.03.2014. It is submitted that the said application was filed by the petitioner for bringing subsequent events on record. After the award was made in the year, 1994, the petitioner company has merged with MMTC Ltd. and thus, the reference/award has become infructuous in as much as, it is now against a nonexistent company.;