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1994 Supreme(SC) 496

KULDIP SINGH, S.C.AGRAWAL
Workers Of Rohtas Industries LTD. – Appellant
Versus
Rohtas Industries LTD. – Respondent


Advocates:
A.K.GHOSH, A.K.SIKRI, A.K.SRIVASTAVA, A.Subhashini, Abha Jain, AJIT SINHA, B.B.Singh, BINU TARNTA, C.V.SUBBA RAO, CHANDRA SHEKHAR ASHRI, D.GOVERDHAN CHARY, G.JOSHI, G.KANDPAL, Gaurav Agrawal, GOPAL JOHARI, HARISH N.SLAVE, INDERANIL GHOSE, J.P.Gupta, JITENDRA SHARMA, K.K.MANI, K.V.SRI KUMAR, K.V.VIJAYAKUMAR, KAPIL SIBAL, L.R.SINGH, M.T.George, MANOJ PRASAD, MRIDULA RAY BHARDVAJ, N.M.GHATATE, NAVIN PRAKASH, P.K.PALLI, P.R.RAMASESHESH.S.PARIHARHAR, P.R.SITHARAMAN, P.S.SHROFF, PRAMOD SVARUP, Rakhi Varma, RANJIT GHOSAL, S.A.SHROFF, S.K.MEHTA, S.K.Sinha, S.K.VERMA, S.S.SHROFF, S.V.DESHPANDEY, Seshadri S.Ray, SMITHA INNA, SUDHIR GUPTA

ORDER

M/s. Rohtas Industries Ltd. (hereinafter referred to as the Company) owns an industrial complex at Dalmianagar in the State of Bihar having units for manufacturing cement, paper, vanaspati, asbestos and vulcanised fibres. It was employing about 10,000 workers. The company started having troubles in 1982-83 and ultimately the industrial units were closed with effect from September 9, 1984. The workmen moved this Court by filing this writ petition under Article 32 of the Constitution. This is how this Court has been concerned with the affairs of this undertaking.

2. Proceedings for the winding up of the company have also been started and the same are pending before the Patna High Court wherein, a Provisional Liquidator has been .appointed. During the pendency of this petition, the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 (herein after referred to as the Act) came into force which provide for the establishment of the Board for Industrial and Financial Reconstruction (for short the Board) with power to enquire into and determine the incidence of sickness in industrial companies and devise suitable remedial measures through appropriate schemes or other


























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