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1987 Supreme(SC) 465

G.L.OZA, RANGANATH MISRA
Workers Of Rohtas Industries LTD. – Appellant
Versus
Rohtas Industries LTD. – Respondent


Advocates:
A.K.GANGULY, A.K.GHOSH, A.K.Sil, B.DUTTA, D.GOVERDHAN CHARY, D.K.SINHA, DHANANJAY Y.CHANDRACHUD, K.PARASARAN ATTORNEY, K.R.NAMBIAR, K.SWAMY, M.M.GAGADHAR, P.P.SINGH, P.R.SITHARAMAN, PRAMOD DAYAL, PROBIR MITRA, R.K.GARG, R.S.SINGHAL, RANJIT GHOSAL, S.K.VERMA, SHANKAR GOPAL PAGIRE, SUSHMA SURI, Y.S.Chitale

Order

OZA, J.-Heard learned counsel for the petitioners as well as the respondent, the various financial institutions including the banks and also counsel for the State of Bihar. By orders of this Court dated February 5, 1986 it was directed that ail salaries and wages due to the workers from May 1984 onwards shall be paid to them in three instalments. It appears that they have not yet been paid In spite of the directions from this Court. It was also brought to our notice that notwithstanding that order of this Court, the State of Bihar has issued a notification dated December 12, 1986, wherein this industry has been declared to be a sick industry under Section 3 of the Bihar Relief Undertakings (Special Provisions) Act, 1981 (Bihar Act 12 of 1982) and by this notification the Bihar Government has declared that the said Industrial Undertaking shall be and remain a relief undertaking for one year from the date of issue of the notification. On the basis of this an attempt was made to suggest that the liability of the industry for payment to the workers cannot be enforced. However, learned counsel appearing for the State of Bihar frankly conceded that so far as the liability of paymen




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