2013 Supreme(Raj) 939
ALOK SHARMA
CIMMCO Ltd. : CIMMCO Ltd. : CIMMCO Ltd. – Appellant
Versus
State of Rajasthan – Respondent
For the Petitioner:G.K. Garg, Yash Sharma and Anant Kasliwal, Advocates.
For the Respondent: Manoj Bhardwaj, Counsel for the State and S.D. Khaspuriaya, Addl. A.G.C.
JUDGMENT
1. - The issue in the present writ petitions, which are being disposed of by this common order, is fundamentally the illegality of proceedings taken under the Payment of Gratuity Act, 1972 (hereinafter 'the Act of 1972') for recovery of gratuity amount determined by the Controlling Authority under its order dated 4.11.2006 in spite of the fact that subsequent to the aforesaid order, the workers/employees of the petitioner-Company through their authorised representative and the management of the petitioner-Company have entered into a settlement dated 5.3.2008 referable to section 18 of the Industrial Disputes Act, 1947 (hereinafter 'the Act of 1947') which has thereafter been incorporated in a sanctioned scheme on 11.3.2010 under section 18 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter 'the Act of 1985') by the Board for Industrial and Financial Reconstruction (hereinafter 'BIFR'). The facts of the case are that the petitioner-Company declared lockout on 13.11.2000. On a proper application being made as mandated under the provisions of the Act of 1985, the petitioner-Company was declared a sick company by the BIFR on 21.8.2002. Subsequently, a
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