S.J.MUKHOPADHAYA, J.

( 1. ) IN all the cases as common important questions of law have been raised, they were heard together and are being disposed of by this common judgment.

( 2. ) THE main questions which arise for determination are :-

(i) Whether workmen of a company, not under liquidation, can claim their dues of wages and other benefits under Section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) if a bank or financial institution or Asset Reconstruction Company (India) Ltd. (ARCIL for short) takes measures under Section 13(4) of the said Act ?

(ii) Whether the Debts Recovery Tribunal in a petition under Section 17 of the SARFAESI Act can decide and order to pay the dues of workmen, if the company is not under liquidation, and the said company is purchased by auction purchaser pursuant to measures taken under Section 13(4) of the SARFAESI Act ?

(iii)Whether the power of a competent authority or a Court of law of conditional attachment of property of an employer or other persons responsible for payment of wages under Section 17A of the Payment of Wages Act, 1936 stands curtailed once measures are taken under Section 13(4) of the SARFAESI Act ?

Before deciding the issue, it is necessary to notice the relevant facts of all the cases, as narrated hereunder. Special Civil Application No.14924 of 2010:

( 3. ) PETITIONER- ARCIL has challenged the order of attachment under Section 17A of the Payment of Wages Act, 1936 passed by Labour Court No.5, Ahmedabad by its interim order dated 15.10.2009 followed by order dated 16.9.2010 in Payment of Wages Application No.710 of 2009 in so far as it relates to secured assets covered by proceeding initiated under the SARFAESI Act. Special Civil Application No.3367 of 2011 :

( 4. ) THIS writ petition has also been preferred by ARCIL, which is the petitioner in Special Civil Application No.14924 of 2010. In the present case, it has challenged the order dated 26.2.2010 passed by the Labour Court No.5, Ahmedabad whereby the application filed by the workmen's union (Majoor Mahajan Sangh) under Section 79(1) of the Bombay Industrial Relations Act, 1946 has been entertained and order was passed. Prayer was made to direct the appellant from reducing the strength of the permanent workmen without following the due procedure under the Bombay Industrial Relations Act, 1946.

The case of the petitioner is that first respondent-M.H. Mills and industries Ltd., which is now demerged entity of M.Y. Mills Packaging (India) Ltd. received financial assistance (loans) under diverse agreements between the borrower and Industrial Credit and Investment Corporation of India Ltd. (since renamed as ICICI Ltd. and merged with ICICI Bank Ltd.), State Bank of India and Bank of India for the purpose and on terms and conditions specified therein.

( 5. ) THE aforesaid loans together with all the underlying security Interest and all rights, titles and Interest therein were acquired by petitioner-ARCIL as sole trustee of Arcil-CPS-002-1 Trust between 31.3.2004, 30.12.2004 and 19.3.2005 from ICICI Bank Ltd. under Assignment Agreement, as the sole trustee of Arcil-CPS-001-111 Trust from State Bank of India under Assignment Agreement and as the sole trustee of ARCIL-M.Y. Mills and Industries Ltd. Trust from Bank of India under Assignment Agreement in terms of Section 5 of the SARFAESI Act. THE borrower-M.H. Mills demerged with M.H. Packaging (India) Ltd., second respondent herein, pursuant to an order passed by this Court in Company Petition No.25 of 2006 with Company Application No.198 of 2005.

( 6. ) FURTHER case of the petitioner is that the borrower-respondents defaulted in payment of Interest and principal installments of loans, as a result of which, the loan accounts have been classified as Non-Performing Assets (NPA) in the books of account. By its letter, the first respondent informed petitioner-ARCIL on 7.10.200