K.R.PRASADA RAO, R.P.SETHI
INDIAN PLYWOOD MANUFACTURING COMPANY LIMITED, DHARWAD – Appellant
Versus
COMMISSIONER OF LABOUR IN KARNATAKA, BANGALORE – Respondent
( 1 ) AGGRIEVED by the show cause notice dated 8-3-1996 (Annexure-F) directing the appellant to pay the closure compensation totally amounting to Rs. 4,08,43,845/- within a period of 15 days from the date of the receipt of the aforesaid notice and the Certificate (Annexure-H) issued under Section 33-C (l) of the Industrial Disputes Act (hereinafter called 'the Act') dated 27th of July, 1996, authorising the Deputy commissioner, Dharwad, to recover the aforesaid amount, the appellant herein filed a writ petition praying for quashing of the aforesaid notice and certificate with a further prayer restraining the respondents to initiate any proceedings for attachment and sale of the assets and properties belonging to the appellant till the reference stated to be pending before the Board of Industrial and Financial Reconstruction was disposed of.
( 2 ) THE main ground urged was that in view of the provisions of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter called the 1985 Act'), no recovery could be made from the appellant. The learned Single Judge after referring to various provisions of law applicable in the case and relying
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