Court : Himachal Pradesh
Reported in : [2005]57SCL225(HP)
..... in part on 24-3-2004, 25-3-2004 and 31-3-2004 by the learned company judge. order dated 2-4-2004 of the leaned judge reveals that 1st petitioner-company has made a reference to the board for industrial and financial reconstruction (bifr) under the sick industrial companies (special provisions) act, 1985 (for short 'the sica') and the said reference was subsequently registered. the learned ..... single judge adjourned the matter for 22nd april, 2004 to consider the effect of section 22 of 'the sica' consequent upon the registration of the inquiry against 1st petitioner-company. it appears from the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2005]126CompCas489(HP)
..... proceedings in company petition no. 13 of 2003 (filed under sections 391 to 394 read with section 81(1a ..... v.k. gupta c.j.1. this appeal under section 391(7) of the companies act, 1956, is directed against the judgment dated june 10, 2004, passed by a learned single judge of this court in company petition no. 13 of 2003 whereby, invoking section 22(1) of the sick industrial companies (special provisions) act, 1985 ('1985 act', for short), the learned single judge ordered that the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2000)IILLJ1355HP
..... copy of the said application was supplied to the learned counsel for the petitioners. in the said application, it was being alleged by the management company that the company had been declared as sick company under the provisions of sick industrial companies (special provisions) act, 1985 and was thereafter referred to bifr in 1990 and a copy of the scheme for rehabilitation formulated by bifr was also annexed ..... the plea raised by the present respondents in those proceedings about leasing out pamwi tissues ltd. at barotiwala for 9 years to swil india ltd. after the company was declared as sick companies under the provisions of sick industrial companies (special provisions) act, 1985 and that the petitioners could not be rehabilitated under the rehabilitation scheme at barotiwala in the same capacity because of nonavailability of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2008]142CompCas915(HP)
..... ., having its registered office at village misserwala, post office majra, tehsil paonta sahib, district sirmour, is a sick industrial company and that it cannot be rehabilitated. it has further come to the opinion that the company should be wound up under section 20(1) of the sick industrial companies (special provisions) act, 1985, in the public interest. the period for filing an appeal against such an order has ..... not likely to become viable in future and, therefore, it would be just, equitable and in public interest that the company be wound up in terms of section 20(1) of the sick industrial companies (special provisions) act, 1985 ('the sica'). the opinion of the board was forwarded to this court. notices were ordered to be issued to the parties on may 20, 1999. the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2003]115CompCas310(HP),[2004]50SCL212(HP)
..... excluded.'12. learned counsel for the plaintiff has contended that in view of the above provisions and the fact that enquiry under section 16 of the sick industrial companies (special provisions) act, 1985, was pending against defendant no. 1 till february 8, 1993, no suit for recovery of the suit amount could have been ..... that short ground alone. 10. it is in evidence that a reference under section 15(1) of the sick industrial companies (special provisions) act, 1985, for declaring defendant no. 1 a sick company was made to the board for industrial and financial reconstruction (for short the bifr) in the year 1990. such proceedings terminated on february 8, 1993 ..... , when the bifr recorded its opinion that the company defendant no. 1 should be wound up.11. section 22(1) of the sick industrial companies (special provisions) act, 1985, provides that where in respect of an industrial company an enquiry under section 16 is pending, no suit for the recovery of money .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2008]82SCL137(HP)
..... regulation) act, 1956. sub-section (7) of section 18 of the sick industrial companies (special provisions) act, 1985, is reproduced below for ready reference :the sanction accorded by the board under sub-section (4) shall be conclusive evidence that all ..... contracts (regulation) act, 1956, is of no avail.26. learned counsel for the plaintiff further argued that sub-section (7) of section 18 of the sick industrial companies (special provisions) act, 1985, saves the sale of shares made by the plaintiff to defendant no. 2 from the mischief of section 16 of the securities contracts ( ..... plaintiff and it was agreed that the shares will be bought back by company no. 1, on expiry of five years period from the date the project started commercial production.3. defendant no. 1 became sick. it approached the board for industrial and financial reconstruction, new delhi, for rehabilitation of its unit. rehabilitation package .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP37
..... justify the stand taken, that all the permanent residents of himachal pradesh could be classed as backward, on the strength of some very general assertions about the industrial, economic, and educational conditions in himachal pradesh. so that they could be presumed to be entitled to protection under article 15 (4) of the constitution ..... legal status was that they could not possibly retain either the citizenship or the domicile of their origins as they were displaced persons from pakistan governed by special constitutional provisions. it was, therefore, not enough, in their cases, to invoke the doctrine of private international law that the domicile of origin adheres ..... :-- the chief minister will nominate 3 candidates at his discretion over and above the prescribed quota of admissions, for candidates from outside himachal pradesh.no special teaching arrangements exist for women students. their teaching and study arrangements are the same as for the male students, with whom they have to work.' .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2002)IILLJ861HP
..... whereas clause (g) defines 'employer', clause (s) defines the term 'workman'. clause (j) of section 2 states as to what 'industry' means. clause (k) deals with 'industrial dispute'. it reads:''industrial dispute' means any dispute or difference between employers and employers, or between employers and workman, or between workmen and workmen, which is connected ..... the contention of the state/ authorities/ employers that the administrative tribunal has no power, authority or jurisdiction to entertain petitions/applications claiming reliefs under the industrial disputes act, 1947 (hereinafter referred to as 'the id act' or any other corresponding law for the time being in force and the administrative tribunal ..... dhulabhai v. state of madhya pradesh, air 1969 sc 78, it has been held by the supreme court that if a statute creates a special right or liability and provides procedure for the determination therefor, an aggrieved party should call in aid the provisions of the statute and he cannot .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2005)ACC885,2006ACJ1484
..... scope of the statute on the pretext of extending the statutory benefit to those who are not covered thereby. see regional director, e.s.i. corporation, trichur v. ramanuja match industries : (1985)illj69sc .the apex court finally held as follows:(67) we, therefore, are of the opinion that kodala's case : [2001]2scr999 , has correctly been decided. ..... mohit, respondent no. 2. his father, respondent no. 3 was the owner of a jeep bearing no. hp 06-0031. this jeep was insured with appellant insurance company. on 17.7.1994 sanjay kumar was driving the aforesaid jeep. it is alleged that suddenly stones fell from the hillside. as a result thereof, jeep went off the ..... therefore, also the claim petition under section 163-a of the act was not maintainable.section 163-a of the motor vehicles act reads as follows:163-a. special provisions as to payment of compensation on structured formula basis.-(1) notwithstanding anything, contained in this act or in any other law for the time being in force .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2008)ILLJ618HP
..... needs of the employees to the interests of the employers and what is even more important to the general interests of the country at large, industrial adjudication has to pay special attention to the prevailing practice in the indus trial region concerned. if in any particular region employees have been successful in their claim for fixing ..... to the trend disclosed by the said document. we are not impressed by this argument. one has merely to look at the industrial concerns specified in the list filed by the company to realize that if the said concerns are comparable in the present proceedings there is no reason why the concerns specified in exhibit ..... tata iron and steel co. ltd. and ors. : (1984)iillj223sc that certified standing orders become statutory conditions of service and the rules framed by a company for the employees get incorporated with the statutory conditions of service and if any provision of such rules read with standing orders confer absolute and unfettered discretion on the .....
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