JUDGMENT

THAKKAR, J.:— More than a thousand brimming eyes are waiting to replace the tears of despair by tears of relief. No less than 600 wronged workers of a once prosperous industrial unit (Kamani Tubes Limited (KTL)) induced or reduced to sickness are on their toes to resort to self-help to restore the lost source of their butterless bread. Their pens are quivering to write a new chapter in the saga of workers struggle for finding their true identity and dignity. Their dream is coming true with the enlightened and refreshing approach of the Central and State Governments, and the concerned Nationalized Banks (Bank of India, Canara Bank and Dena Bank), coupled with prompt, efficient and swift decision making on the part of the BIFR*1 and the IDBI (Industrial Development Bank of India). And with the consensus of all the parties (which is the most heartening feature) who have risen above narrow individual interests by not opposing the workers scheme in order to promote the larger National interest of reviving the industry, augmenting the National product and providing employment to hundreds of starving workers (three of whom became martyrs to the cause by committing suicide).

* 1. Board for Industrial and Financial Reconstruction constituted under the Sick Industrial Companies (Special Provisions) Act of 1985, (Act).

2. Internal discord gave rise to disputes and litigations between different branches of a family headed by a pioneering and successful industrialist Shri Ramjibhai Kamani in the wake of his demise, which culminated in SLP No. 15228 of 1983 wherein all the concerned members of the family were impleaded. When the said matter came up before this Court it was impressed upon the parties that the internecine conflict between the warring factions deserved to be speedily resolved, not only in their own interest, and for saving the name and honour of the founder, but also to ensure that neither the industrial units nor the workers employed in the industries which were controlled by one or the other branch of the industrial family, were ruined. A retired Judge of the SC Justice A. C. Gupta was accordingly prevailed upon to accept the assignment of resolving the innumerable problems in the larger interest of the warring factions as also in order to protect the interests of the community and the workers in August 1984. The learned Mediator has invested considerable time, effort and accumen in order to resolve the problems presented in the course of the proceedings and has successfully disentangled the economic mess to a considerable extent. This is evident from the fact that after the learned Mediator came on the scene Income-tax and Capital Gains-tax dues to the tune of over Rs. 48 lakhs and over Rs. 35 lakhs respectively have been paid.

3. In the course of the proceedings it came to light that :

(1) KTL has stopped production and ceased working in August 1985.

(2) KTL has not resorted to closure of the unit or to retrenchment of the workers in accordance with the relevant provisions of law.

(3) While in the eye of law and in theory the workers continue on the rolls of KTL and in employment of KTL, the workers have not been paid wages for over 8 months since December 1984 till stoppage of work in August 1985 and ever since till now. The arrears till August 1988 work out in the region of Rs. 6 1/2 crores.

(4) The wages due to the workers amounting to approximately Rs. 2.5 crores have remained unpaid since December 1984.

(5) Employees contribution to Provident Fund actually deducted from the wages of the workers to the tune of approximately 3 1/2 12 lakhs had been wrongfully retained by the management and criminal prosecutions are pending in the Criminal Courts.

(6) The starving workers who have not been paid their wages since December 1984 have been squatting on the factory premises which have been abandoned by the Management. The workers have remained on the premises in order to keep day and night vigil for all these years since Augu