2008 (3) TMI 764 - SC - Indian Laws

Summary

Issues Involved:
1. Justification of the High Court's view on the breach of principles of natural justice by AAIFR.
2. Validity and implications of the bipartite agreement between the workers' union and Jaipur Udyog Limited (JUL).
3. The necessity and implications of remanding the matter to AAIFR.
4. Determination of the lawful dues of the workmen.
5. Consideration of creditors' claims and interests.

Detailed Analysis:

1. Justification of the High Court's view on the breach of principles of natural justice by AAIFR:
The High Court set aside the AAIFR's orders dated August 3, 2001, and September 6, 2001, on the grounds that the AAIFR dismissed the appeal without giving JUL a reasonable opportunity of hearing, thus violating the principles of natural justice. The High Court emphasized the importance of the rule of "audi alteram partem" (the right to be heard) and concluded that the AAIFR's refusal to grant an adjournment and subsequent dismissal of the appeal without hearing JUL was unjust.

2. Validity and implications of the bipartite agreement between the workers' union and Jaipur Udyog Limited (JUL):
During the pendency of the appeal, a bipartite agreement was reached between the workers' union (Cement Workers Karamchari Sangh) and JUL to settle the workers' dues. This agreement was contested by other workers' unions, alleging it was fraudulent and collusive. The Supreme Court noted that a significant number of workers had accepted payments under the settlement, but there were disputes about its fairness and compliance with statutory provisions.

3. The necessity and implications of remanding the matter to AAIFR:
The Supreme Court acknowledged the delays caused by the prolonged litigation and the hardships faced by the workers and creditors. However, it emphasized the need to ensure that justice is not only done but also appears to be done. Therefore, the Court directed the matter to be remitted to the AAIFR for a fresh hearing, provided JUL deposits Rs. 10 crores within two months. This would allow JUL an opportunity to present its case and potentially submit a revised rehabilitation scheme.

4. Determination of the lawful dues of the workmen:
The Supreme Court appointed Mr. Justice N.N. Mathur as an arbitrator to determine the lawful dues of the workmen employed at various locations of JUL. Justice Mathur was tasked with considering legal provisions, existing settlements, and determining the dues of individual workmen and the total dues. This determination was deemed essential for factoring into any realistic revival scheme or winding-up process.

5. Consideration of creditors' claims and interests:
Several creditors, including government departments and statutory bodies, opposed the settlement and supported the winding-up order. The Supreme Court recognized the substantial dues owed to these creditors and the importance of addressing their claims. The Court's directions aimed to balance the interests of the creditors, workmen, and the company's potential for revival.

Conclusion:
The Supreme Court's judgment aimed to address the procedural and substantive issues raised by the parties, ensuring a fair hearing for JUL while considering the interests of the workmen and creditors. The matter was remitted to the AAIFR for a fresh decision, with specific directions for the determination of workmen's dues and the potential submission of a revised rehabilitation scheme. The Court's decision sought to expedite the resolution of the long-standing disputes and provide a just outcome for all parties involved.