Hon’ble B. Amit Sthalekar, J.—By means of this writ petition, the petitioner M/s Muir Mills Limited, U.P., Kanpur is challenging the award of the labour Court dated 15.3.1999 passed in Adjudication Case No. 109 of 1994.

2. The facts of the case, in brief are that the petitioner is a Textile Mill a unit of the National Textile Corporation (U.P.) Limited, Kanpur. The Mill was declared a Sick Textile under the Sick Textile Undertakings (Nationalisation) Act, 1974. The National Textiles Corporation (U.P.) Limited, Kanpur is a public limited company wholly owned and controlled by the Central Government and is a subsidiary of the National Textiles Corporation, New Delhi. The petitioner is engaged in manufacturing and sell of cotton textiles.

3. The case of the petitioner is that the machinery of the Mill had become very old and ultimately production activity had completely stopped w.e.f. August, 1991 and since, there was no production in the Mill the workers were being paid their wages without doing any work. The Central Government also introduced a voluntary retirement scheme and most of the workers and even officials have taken the benefit of voluntary retirement scheme and hav