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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Titagarh Industries Limited – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge to labour court order. (Para 1) |
| 2. details of employee claims and statutory provisions. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. respondents' claims against company. (Para 15 , 16 , 17) |
| 4. court observations on precedent cases. (Para 19) |
| 5. court's rationale for concluding decision. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 6. legal effects of sica vs. other laws. (Para 26 , 27 , 28 , 29 , 30) |
| 7. final order and directions. (Para 31 , 32) |
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred challenging the order dated 31st May, 2011 passed by the learned Judge, First Labour Court, West Bengal.
2. 35 applicants before the First Labour Court, West Bengal, Kolkata filed applications under Section 33C(2) of the Industrial Disputes Act, 1947, alleging therein that they were all staff of the erstwhile Titagarh Paper Mills Company Limited, working in the head office of the said erstwhile Titagarh Paper Mills Company Limited at 95, Park Street, Kolkata- 700016. 2016.
3. The case of the petitioner is that:-
(a) Titagarh Paper Mills Company Limited (hereinafter referred to as "the company") became sick and was referred to the Board for Industr
The Sick Industrial Companies (Special Provisions) Act, 1985 prevails over prior agreements, enforcing conditions under Section 25F for retrenchment, thus nullifying conflicting claims based on earli....
On approval of a scheme by BIFR under Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors has option not to accept scaling down value of its dues and to wait till rehabilita....
The suspension of legal proceedings under Section 22(1) of the Sick Industrial Companies Act applies only to ongoing proceedings that would threaten the rehabilitation of sick companies, not to mere ....
1. In respect of a sick industrial company, even if it be a subsidiary of a government company, there is no legal obligation cast upon the State Government to pay the wages due to the workmen. There ....
The scheme sanctioned by the State Government under the SICA has over-riding effect, and a court executing a decree cannot go behind the decree.
The main legal point established in the judgment is that the modification of a rehabilitation scheme under the Sick Industrial Companies (Special Provisions) Act, 1985 must be in accordance with the ....
The court established that any ongoing proceedings under SICA abate once secured creditors representing 3/4ths of the debt initiate recovery actions under SARFAESI Act, emphasizing statutory definiti....
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