JUDGMENT G.P. Mathur, J.
1. This writ petition under Article 226 of the Constitution has been filed praying for several reliefs. The first relief is that a writ of mandamus be issued commanding the respondents to pay him the scale and other allowances equal to that of an officer of the same rank working in the National Textile Corporation (for short, the N.T.C.) treating the petitioner to be an employee of the said Corporation under the principle of equal pay for equal work. The second relief is that a direction be issued to the respondents to transfer the petitioner to any other unit of the N.T.C. and to permit him to work as a Deputy Chief Engineer and to pay him the difference of salary w.e.f. 1993 and the entire arrears of salary w.e.f. 29.9.1999. The third relief is that the order passed on his representation on 6th/10th July, 2001, be quashed.
2. The case set up in the writ petition is that Swadeshi Mining and Manufacturing Company Ltd. owned some sugar mills including Ganesh Sugar Mills, Anand Nagar. The petitioner was appointed as Dy. Chief Engineer in Ganesh Sugar Mills on 14.11.1992. The Union of India acquired all the six textile mills of Swadeshi Cotton Mills by Swadeshi Cotton Mills (Acquisition and Transfer of Undertakings) Act, 1986. The result of this acquisition was that Swadeshi Mining and Manufacturing Company Ltd. whose 98 percent shares were held by the Swadeshi Cotton Mills Company also stood vested with the Union of India. The petitioner, thus, claims that he should be given the same scale and salary as that of an officer of equal rank in the N.T.C.
3. The petitioner claims to have made several representations for payment of salary, etc. As no action was taken, he filed Writ Petition No. 20915 of 2000, in which a direction was issued by this Court on 25.5.2001, to decide his representation. Thereafter, the representation made by the petitioner was considered and rejected by the order dated 10.7.2001 (Annexure-11 to the writ petition). The petitioner has sought quashing of this order.
4. In the counter-affidavit, it is stated that the sugar mill in which the petitioner was appointed was owned by Swadeshi Mining and Manufacturing Company Ltd. The Swadeshi Cotton Mills Company Ltd. owned majority shares in the aforesaid company. After acquisition of. Swadeshi Cotton Mills Company by the Union of India by Swadeshi Cotton Mills (Acquisition and Transfer of Undertakings) Act. 1986, the shares of the Swadeshi Mining and Manufacturing Company Ltd. also stood vested with the Union of India. It is further stated that by merely vesting of the shares, the petitioner did not become an employee of the N.T.C. and continues to be an employee of Ganesh Sugar Mills. It is also stated that Swadeshi Mining and Manufacturing Company Ltd. had become a sick company and the matter was referred to the B.I.F.R., which directed for winding up of the company. This order was affirmed in the appeal by the A.I.F.R. The company Judge of Allahabad High Court subsequently passed orders on 29.9.1999, for winding up of the company. A special appeal against the said order has been filed, which is pending.
5. In the order dated 10.7.2001, it is mentioned that the Ganesh Sugar Mills is lying closed since 24.2.1994. After the order for winding up of the company was passed, the official liquidator was appointed and he took over the possession of the mills and all its assets and properties. No industrial activity is going on in the mills for the last 6-7 years. It is further stated that the petitioner is not an employee of the N.T.C. and being an employee of the Ganesh Sugar Mills, there is absolutely no question of his being transferred to any of the textile mills of the N.T.C.
6. We have heard Sri M. D. Misra for the petitioner at considerable length and have examined the record. The case of the petitioner that he has become an employee of the N.T.C. is wholly misconceived. He was appointed in Ganesh Sugar Mills which was owned by the Swadeshi Mining and Manufacturing Company Ltd. The shares of this company were held by the Swadeshi Cotton Mills Ltd. and as a result of acquisition of the Swadeshi Cotton Mills Company Ltd., A.W.C. 197 the shares of the Swadeshi Mining and Manufacturing Company Ltd. stood vested with the Union of India. However, it does not mean that the petitioner has become an employee of the N.T.C. He continues to be an employee of the Ganesh Sugar Mills. The Swadeshi Mining and Manufacturing Company Ltd. which owned the Ganesh Sugar Mills has been ordered to be wound up. It is not disputed by the petitioner that the Ganesh Sugar Mills is lying closed since 24.2.1994 and no industrial activity is going on for the last more than 8 years. The petitioner seeks relief on the principle of equal pay for equal work. It is difficult to understand the basis of the petitioner's claim as admittedly the sugar mill of which he is an employee is lying closed since February, 1994. The petitioner is doing no work. Therefore, on the principle of 'no work no pay', he is not entitled to any salary, much less a higher salary as is being paid to the employees of the textile mills, who are actually working. There is no provision under which an employee of the sugar mill may be transferred to the textile mill being run by the N.T.C.
7. All the contentions raised by the petitioner are wholly misconceived and have no legs to stand.
8. The writ petition is dismissed.