BHARTIYA MAZDOOR SANGH, UTTAR PRADESH AND ANOTHER vs THE STATE OF UTTAR PRADESH - 2024-08-09

O R D E R

IA No. 174033 OF 2024:

1. Issue notice.

2. Mr. Colin Gonsalves, learned Senior Counsel appearing for the petitioner no.1 and Mr. Dhruv Mehta, learned Senior Counsel appearing for the respondents no. 5 and 6 accepts notice.

3. Reply to the application shall be filed within one week with a copy to the other sides. Rejoinder affidavits, if necessary, shall be filed before the next date of hearing.

4. Having regard to the submissions made by Mr. Dhruv Mehta, learned Senior counsel for the respondents no. 5 and 6 that the amount deposited by the said respondents initially, i.e. ₹44 Crores (₹34 Crores + ₹10 Crores) has by now, with interest, mounted to ₹70 Crores (approximately), it is deemed appropriate to direct the respondents no. 5 and 6 to deposit a sum of ₹100 Crores in the Registry of this Court in a staggered manner. Out of this amount, ₹50 Crores shall be deposited upfront. As for the remaining amount, on the next date of hearing the Court will decide the time within which the respondents no. 5 and 6

shall deposit another sum of ₹50 Crores.

5. As the applicants in the present application have stated that they have proposed a Joint Revival Scheme to revive M/s Jaipur Udyog Limited in collaboration with M/s Forst Realty Limited LLP, on the plea that the said Company is willing to partner with the workers and clear all their outstanding dues upfront, as also revive M/s Jaipur Udyog Limited, to test the bonafide of the avernments made in the application, it is deemed appropriate to direct M/s Frost Realty Limited LLP to deposit a sum of ₹25 Crores in the Registry of this Court before the next date of hearing.

6. The amounts that shall be deposited, as directed above shall immediately be placed in a fixed deposit with a nationalized bank, offering the highest rate of interest initially for a period of six months on an auto renewal basis till further orders. The said deposits are made subject to the outcome of the present application.

7. In the meantime, both the Court Commissioners, one from the Kanpur Unit and the other from the Rajasthan Unit, shall file their status Reports as to the extent of the amounts disbursed to the workmen after verification and the status of the pending verification of the workers along with their numbers. The said affidavits shall be filed within one week.

8. This order shall be communicated by learned counsel for the respondents no. 5 and 6 and learned counsel for the respective Trade Unions directly to the Court Commissioners without waiting for a copy of this order to be despatched to the Court Commissioners for perusal and compliance.

9. Needless to state that the Registry shall also take immediate steps to despatch a copy of this order to the respective Court Commissioners for their perusal and compliance.

10.List on 23rd August, 2024 on top of the Board at 10.00 a.m.

11.In the meantime, respondents no. 5 and 6 are restrained from selling/alienating or parting with possession of any assets of the M/s Jaipur

Udyog Limited, leaving aside the scrap available at Sawai Madhopur, which has already been permitted to be sold by them.

(POOJA SHARMA) (NAND KISHOR)

COURT MASTER (SH) COURT MASTER (NSH)

(*Physical appearance given in Court.)