ORAL JUDGEMENT: [Per JOSHI, J.,]

1. The appellant in both the Appeals is the original applicant who had filed application under section 78 of the Bombay Industrial Relations Act, 1946, claiming a declaration that the employer, as it then was, namely, Central India Spinning, Weaving and Manufacturing Company Limited has effected certain illegal change.

2. During pendency of the said BIR Application, the Textile Unit was taken over by the State, under the provisions of the Central India Spinning, Weaving and Manufacturing Company Limited, Empress Mills Nagpur (Acquisition and Transfer of Undertakings) Act, 1986 (hereinafter referred to as “the Act”). During pendency of application, present Respondent No.1 (hereinafter referred to as “the Corporation”) filed application for intervention on 25.10.1991.

3. In the application dated 25.10.991, the applicant – Corporation (present Respondent No.1) averred as follows

“2. That, under the provisions of Nationalization act, the Commissioner of Payments has been appointed to decide the liability of the erstwhile management. That, about 7,000 employees of the erstwhile management have filed claims before the commissioner of Payments, wherein th

Click Here to Read the rest of this document