Court : Punjab and Haryana
Reported in : (2002)IILLJ405P& H
..... admittedly, the petitioner is a sick industrial company declared as such under section 3(1) of the sick industrial companies (special provisions) act, 1985 (for short 'the act') and a scheme for its rehabilitation is under ..... dated july 4, 1996 for realization of the amount from petitioner cannot be held to be illegal and realisation of the wages of the workman cannot be resisted on the basis of section 22 of the sick industrial companies (special provisions) act, 1985. ..... the respondents have submitted that the court cannot direct payment of any money to the appellant by virtue of provisions of section 22 of the sick industrial companies (special provisions) act. ..... been held that the petitioner (therein) is a sick industrial company and a scheme for its rehabilitation is under process. ..... it is further submitted that since the management has been declared a sick industrial company and is under acute financial crisis, it may be unable to pay the amounts awarded ..... the proceedings in respect of these matters could, however, continue against the sick industrial company with consent of the board: or the appellate authority, as the case ..... has then argued that the benefit of the award cannot be given to the workmen due to the bar contained under section 22 of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'the sica'). ..... as soon as the inquiry under section 16 is ordered by the board, the various proceedings set out under sub- ..... bombay, 1997-iii-llj (suppl .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1992P& H269; [1993]76CompCas388(P& H); (1993)103PLR278
..... respondents-company which is a private limited, filed an application stating therein that on a reference made to the board for industrial and financial reconstruction, in the prescribed form under the provisions of section 15(1) of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as the act), the respondent-company has been declared a sick company and so keeping in view the provisions of section 22(1) of the act, proceedings ..... under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then notwithstanding anything contained in the companies act, 1956, or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect tinder the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in ..... industrial company, an inquiry ..... of the provisions of sub-clause (1) of section 22 of the act, would show that there are certain types of proceedings which cannot proceed during the pendency of an application under section 15(1) of the act before the board constituted under the act, that is:--(i) proceedings for winding up; (ii) proceedings for execution, distress or the like against any of the properties of the industrial company and (iii) for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]94SCL336(Punj& Har)
..... the factory was closed on 27-4-1985 and the company approached the bifr for rehabilitation under the provisions of the sick industrial companies (special provisions) act, 1985. ..... the company resisted the direction for winding up by preferring an appeal under sick industrial companies (special provisions) act, 1985 (sica) filed a writ petition before the high court and all their attempts to stall the winding up failed. ..... of the additional district judge, faridabad is disposed of on the above lines that the order of the additional judge is without jurisdiction as one passed after the order of winding up but hseb would still be entitled to the amount as referred to above in the manner determined by the official liquidator in confirmation of the amount found by the arbitrator at the first instance.xii. ..... formulations as detailed under sections 391, 393 and 394 in view of the fact that the special procedure is only to apprise the claims of the shareholders and creditors and since all the shareholders have jointly proposed the scheme for revival and since all the major creditors including workers in the company have already been satisfied, the only creditors who remained were the electricity board and the hfc and their objections being also heard before the ..... (iii) the application for confirmation of the sale in favour of m/s. ..... 142 in association with the secured creditors by giving wide publicity.iii. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2008P& H119
..... object of the sick industrial companies (special provisions) act, 1985 is to protect the assets of the company and bar is put up in section 22(1) for certain proceedings taken against the assets of the company.9. ..... relevant observation of the court in this regard are as under:now reverting to section 22(1) of the sick industrial companies (special provisions) act, 1985, it is abundantly clear that a blanket interpretation as put up by mr. ..... question arises for consideration in terms of section 22 of the sick industrial companies (special provisions) act, 1985 (for short 'sica') in this case.2. ..... that in the modern industrial environment large industries are generally financed by banks and statutory corporations created specially for the purpose and if they are permitted to resort to independent action in total disregard of the pending inquiry under sections 15 to 19 of the 1985 act the entire exercise under the said provisions would be rendered nugatory by the time the bifr is able to evolve a scheme of revival or rehabilitation of the sick industrial concern by the simple device of the financial corporation resorting to section 29 of the 1951 act.reference is also made to ..... the earlier part of section clearly indicates that (i) no proceedings for the winding-up of the industrial company, or (ii) for execution, distress or the like against any of the properties of the industrial company, or (iii) for the appointment of a receiver in respect thereof, shall lie or be proceeded with .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2000]101CompCas245(P& H)
..... by this order, we are deciding the application filed by the applicant under section 22 of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'the act of 1985'), for staying the proceedings arising out of company petition no. ..... - (1) where, in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceeding for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for ..... their lordships of the supreme court analysed the provisions of section 22(1) in the following words (page 447) : 'a perusal of the aforesaid provision shows that it is applicable, in respect of an industrial company, where (i) an enquiry under section 16 is pending; or (ii) a scheme referred to in section 17 is under preparation or consideration, or (iii) a sanctioned scheme is under implementation; or (iv) where an appeal under section 25 relating to the industrial company is pending. ..... iii of 1995. 2. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1988(16)ECC6; 1988(34)ELT631(P& H)
..... act, 1985 to be levied :(1) there shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt which are produced or manufactured in india and a duty on salt manufactured in, or imported by land into, any part of india as, and at the rates, set forth in the schedule to the central excise tariff act, 1985 ..... petitioners had manufactured the bodies as separate and independent units unconnected with and un-related to a chassis and had supplied or sold the same as a separate commodity or article of use, then by virtue of the provisions of the notification dated march 1, 1986, the petitioners would have been exempt from the payment of excise duty and would not have been obliged to take ..... 2(18) of the motor vehicles act, 1939, to mean 'any mechanically propelled vehicles adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a boy has not been attached and a trailer, but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only ..... the chassis which are manufactured by a large scale industrial unit under licence from the government of india are the motor vehicles as commonly understood, in order to determine as to whether particular products or ..... and trucks on the chassis supplied by the customers become manufacturers of motor vehicles as defined under section xvii, chapter ..... (iii) xxx xxx xxx .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1997P& H87
..... referred to this bench vide order of the division bench, dated 19-1-1995, which reads as under:'the constitutional validity of regulation 5 chapter-vii (ii) of the panjab university calender volume iii has been challenged on the ground of discrimination and thus, being violative of the provisions ..... while considering the scheme of articles 14 and 15, the supreme court observed (paras 3 and 4):'in other words, while article 15(1) would prohibit the state from making any discrimination law inter alia on the ground of sex alone, the state, by virtue of article 15, is permitted, despite article 15, to make special provisions for women, thus, clearly carving out a permissible departure from the rigours of article 15(1).........the ambit ..... act, 1985 (for short the 'act') was enacted for adjudication and trial of disputes and complaints with respect to the requirement and conditions of service of persons appointed to public service and posts in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india or under the control of the government or to any corporation owned or controlled by the government to which the act ..... (no court except -(a) the supreme court; or(b) any industrial tribunal, labour court or other authority constituted under the industrial disputes act, 1947 (14 of 1947) or any other corresponding law for the time being in force,shall have), or be entitled to exercise .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1987P& H263
..... chapter iii of part v ii of the 1951 act provides list of the electoral offences and also prescribes penalty and punishments therefor.if the above mentioned provisions of clauses (5) and (6) of article 324 of the constitution and the above quoted provisions of 1951act were meant to effectively insure free and fair elections of the representative, provisions of article 105 and article 194 were enacted by the ..... not expressly referred to the existence of political parties, by the amendments made to it by the constitution (fifty-second amendment) act, 1985, there ..... is destructive of any of the basic features of the constitution, our aforesaid theoretical inquiry that free people could have agreed to live to be part of a collective orderly and settled existence only on the basis of there being mutual agreement on the aforesaid inter ..... and held that the powers of the supreme court to interfere by way of special leave could always be exercised:--'..................the jurisdiction with which the election tribunal is endowed is undoubtedly a special jurisdiction; but once it is held that it is a judicial tribunal empowered and obliged to deal judicially with disputes arising out of or in connection with election, the overriding power of this court to grant special ..... that a decision of the national insurance and industrial injuries commissioners is also subject to supervision ..... referred to the following illuminating observation of the constitutional bench in associated cement companies ..... scheme .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2001(134)ELT14(P& H)
..... referred to as the cenvat credit) of -(i) the duty of excise specified in the first schedule to the central excise tariff act, 1985 (5 of 1986) hereinafter referred to as the said first schedule), leviable under the act;(ii) the duty of excise specified in the second schedule to the central excise tariff act, 1985, leviable under the central excise act ..... provisions, like, the one contained in section 18aa read with section 18f of the industries (development and regulation) act, 1951 were invoked, rules of natural justice will have to be complied with by making the following observations : -'section 18aa does not expressly in administrable and ..... and 8706.38 of the said first schedule;(iii) the additional duty of excise leviable under section 3 of the additional duties of excise (textiles and textile articles) act, 1978 (40 of 1978);(iv) the additional duty of excise leviable under section 3 of the additional duties of excise (goods of special importance) act, ..... the rules of natural justice from the scheme of amended rules 49 and 173g of the rules by assuming that ..... inquiry must always be 'does fairness in action demand that an opportunity to be heard should be given to the person affected.the law must now be taken to be well settled that even in an administrative proceeding, which involves civil consequences, the doctrine of natural justice must be held to be applicable.the power conferred under section 10(3)(c) passports act ..... company ..... act, 1975 (51 of 1975) on goods falling under chapter .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1986P& H21
..... company should obtain necessary approval under the urban land (ceiling and regulation) act, 1956 for transfer of the land; that the company should broadbase its board of directors by inducting suitable persons with experience of industry, business and ..... lenders in force on normal loans on the date of execution of the loan agreement subject to a minimum rate of 11% per annum (hereinafter referred to as 'the normal rate of interest') half yearly in each year on 20th march and 20th september and shall also pay interest on the principal amount of the concessional loan outstanding from time to time at the lending rate of the lenders in ..... (c) subordinate unsecured loans already brought in by promoters (d) public issue (ii) rupee loans from (a) industrial development bank of india (idbi) (b) industrial finance corporation of india (ifci) (c)the industrial credit and investment corporation of india limited (icici) (d) life insurance corporation of india (lic) (e) unit trust of india (uti) (f) banks (iii) foreign currency loans from (a) ifci (b) icici (iv) deferred payments (a) imported machinery (b) indigenous machinery ..... at the agreed rate from 19th may, 1985 till the date of its realisation by sale ..... even the question of considering provision of interim finance by the institution/banks would arise only after definite indications about the interest of an ..... subsidy scheme, ..... special case, in spite of the fact that some of the earlier undertakings had not been carried out by the respondent-company .....
Tag this Judgment!