Judgment Search Results Home > Cases Phrase: sick industrial companies special provisions act 1985 section 5 constitution of appellate authority Page 1 of about 27,383 results (0.529 seconds)

Modistone Ltd. and ors. Vs. Deputy Commissioner of Labour and ors.

Court : Mumbai

Reported in : (1999)IILLJ1043Bom

..... act hereinafter referred to as the act.4. the only contention raised in this petition by the petitioners is that the petitioner company has been declared as a sick unit under section 22 of the sick industrial companies (special provisions) act, 1985 and by virtue of section 22 no recovery could be made in respect of the gratuity payable to the ..... bar of section 22(1) of sica must be held to apply only to such proceedings which are not required for the day to day running of the sick industrial company, even under a sanctioned scheme or otherwise. any other interpretation would lead to a ludicrous and unintended result'.6. in modistone's case (supra) the learned single ..... the parliament could never have intended that the industrial unit under the garb of sickness or for any like difficulty may be allowed to shirk its liability to pay the wages to its workers for the work they have done. if such a position is allowed to prevail, the sick company could defeat the legitimate claims of workmen for .....

Swayam Realtors and Traders Llp Vs. the Appellate Authority Industrial ...

Court : Mumbai

..... to initiate the process for modification of rehabilitation scheme concerning m/s. khatau makhanji spinning and weaving co.ltd. (kmsw) in terms of section 18(5) of the sick industrial companies (special provisions) act, 1985 (sica) for exclusion of the land affected by notices/ orders/ action under the urban land ceiling act, 1976 (ulc) and its transfer ..... having effect by virtue of any law other than this act. (2) where there has been under any scheme under this act an amalgamation of a sick industrial company with another company, the provisions of section 72a of the income- tax act, 1961 (43 of 1961), shall, subject to the modifications that the power of the central ..... invalid as it lacks consent of 3/4th secured creditors, then the reference of the petitioner-company pending in the bifr will automatically stand revived and no order will be necessary to be passed by any authority under the sick industrial companies act for that purpose. in our opinion, the view taken by the aaifr is in .....

The Deputy Commissioner And Vs. M/S S v Global Mill Limited

Court : Karnataka

..... machine tools limited), which is a judgment rendered by a full bench of the punjab and haryana high court which considered the proviso to section 25(1) of the sick industrial companies (special provisions) act, 1985 (sica, 1985). under section 25(1) of the sica, 1985, the question was whether it was permissible for aaifr (appellate authority) under ..... days), it could allow the appeal to be filed within a further period not exceeding sixty days. it was observed that the companies act, -: -"1956 being a special enactment and the company law board being a special tribunal, there was curtailment of the courts power by the exclusion of operation of section 5 of the limitation act, 1963, ..... the aforesaid grace period to entertain the appeal. that the grace period of 45 days, being a special in-built kind of section 5 of the limitation act, has been incorporated. it is under a special statute namely, companies act, 2013, which means that beyond the second period of 45 days, there can be no further .....

Union of India (Uoi) Vs. Krishna Mills Ltd.

Court : Rajasthan

Reported in : [1994]81CompCas50(Raj)

..... abated.5. in order to appreciate the rival submissions it will be profitable to refer to the provisions of section 529a of the companies act as well as the provisions of the sick industrial companies (special provisions) act, 1985. section 529a begins with the non obstante clause and it reads thus :'529a. overriding preferential payments.--(1) ..... should be kept in abeyance without further proceeding in the matter. the various provisions of the sick industrial companies (special provisions) act, 1985, which have been enacted to safeguard the economy of the nation and to protect the viable sick companies definitely puts an end both to the contemplated winding up proceedings and the pending winding up proceedings ..... no. 6 of 1982, a stay order has been passed by the court in view of the provisions of section 22 of the sick industrial companies (special provisions) act, 1985 (for short 'the act of 1985'). the court, therefore, directed that this petition be placed along with petitions nos. .....

The Regional Provident Fund Commissioner-i Vs. M/s. Bombay Rayon Fashi ...

Court : Karnataka

..... may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in ..... may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in .....

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

..... of dues of state financial corporations, the purport of some of the provisions of the companies act was to provide a speed breaker to the process of recovery. sick industrial companies (special provisions) act 12. then came the sick industrial companies (special provisions) act, 1986, with the avowed object of identifying sick and potentially sick companies owning industrial undertakings and for the speedy effectuation of preventive, ameliorative, remedial or other measures, to revive ..... have close connection or nexus with each other, insofar as the issues on hand are concerned. these enactments are: (a) the state financial corporations act, 1951; (b) the companies act, 1956; (c) the sick industrial companies (special provisions) act, 1986; (d) the recovery of debts due to banks and financial institutions act, 1993; and (e) the securitisation and reconstruction of financial assets and enforcement of .....

B.P.M.E.L. Sramik Union and ors. Vs. Appellate Authority and ors.

Court : Kolkata

Reported in : AIR1998Cal4,[1999]96CompCas398(Cal)

..... not find any ground to interfere with the high court's view which has rejected the challenge to the constitutional validity of sub-section (2) of section 20 of the sick industrial companies (special provisions) act, 1985. it is obvious that sub-section (2) has to be construed to mean that the high court in deciding the question of winding up of the ..... the trade unions act, 1926. bharat process and mechanical engineers ltd. (hereinafter referred to as 'the company') is a company which has now become a sick company. references were made under section 15 of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'the act'), to determine whether the company can be revived and to find out whether such revival can be made by any scheme .....

State Textile Corporation Vs. Sanyukt Sangharsh Samiti and ors.

Court : Madhya Pradesh

Reported in : [2000(84)FLR416]; (2000)IILLJ73MP

..... the appellant was wholly without jurisdiction.4. in reply the submission of the learned counsel for respondents is that the provisions of section 22 of the sick industrial companies (special provisions) act, 1985 shall not be applicable on the wages payable to the employees. he cited a decision of this court in case of allwyn ..... court-cum-authority under the payment of wages act is within jurisdiction and more so the provisions of sections 22(1) and 22(3) of the sick industrial companies (special provisions) act, 1985 are not applicable on the wages payable to the employees, and in reply the respondents have also raised preliminary objections about the ..... sought by respondents no. 1, 2 and 3 from bifr and the order dated march 22, 1999 passed by the authority without prior approval under the sick industrial companies (special provisions) act, 1985, is illegal and also without jurisdiction. 2. in reply the submission of the learned, counsel for the respondents is that there is .....

K. Sitarama Raju Vs. Board for Industrial and Financial Reconstruction ...

Court : Andhra Pradesh

Reported in : [1996]87CompCas22(AP)

..... . in order to consider the issue, it is necessary to refer to the provisions of the act. the sick industrial companies (special provisions) act, 1985, was constituted for the purpose of detecting the sick and potentially sick companies owning industrial undertakings and to determine preventive, ameliorative, remedial and other measures and for expeditious enforcement of those measures. section 4 of the act provides for appointment of a board ..... professional people under the managing committee constituted for that purpose. once a reference is made under section 15 of the sick industrial companies (special provisions) act, 1985, by virtue of section 32, the provisions of the act will prevail notwithstanding anything contained in the companies act. therefore, the first respondent is competent to pass the impugned order. further, on a reference made under section 15 .....

Gordon Woodroffe Ltd. Vs. Regional Commissioner, Employees Provident F ...

Court : Chennai

Reported in : (2002)IILLJ653Mad

..... required to be taken into consideration for deciding the issue. it is the case of the respondent that the petitioner- establishment which is financially sound does not fall under the sick industrial companies (special provisions) act, 1985, and bifr and hence the petitioner is liable for higher rate of contribution as notified by thegovernment of india, and that the increase in wages paid for ..... from january 1, 1979 also cannot be regarded as wages. as the petitioner-company is a sick industrial company under section 3(1)(o) of the sick industrial companies (special provisions) act, 1985, the notification dated may 17, 1989, enhancing the employees' provident fund contribution to 10 per cent. will not apply to the petitioner-company. however, the provident fund commissioner, the respondent herein rejected the representations made by .....