T.S.SIVAGNANAM, M.Y.EQBAL
New Horizon Sugar Mills Ltd. , – Appellant
Versus
The Commissioner of Labour, Government of Puducherry – Respondent
T.S. Sivagnanam, J
1. This appeal is directed against the order made in W.P.No.11881 of 2010, dated 29.06.2010. The writ petitioner is the appellant.
2. The prayer in the writ petition was for issuance of writ of Certiorarified Mandamus to quash the order passed by the first respondent, dated 18.03.2010 and consequently to for bear the first respondent from computing or disbursing any dues including retrenchment compensation, gratuity and other statutory benefits for the period subsequent to 31.12.2004.
3. Though this case has a chequered history, the short issue which falls for consideration is :- "what would be the date, which shall be reckoned for the purpose of computing the compensation payable under Section 25FF of the Industrial Disputes Act, 1947 to the workmen of the appellant Sugar Mill".
4. The facts, which are necessary for the disposal of the writ appeal, could be precisely stated as hereunder: - The appellant availed certain credit facilities from the Indian Bank and committed default in repayment, and the Bank initiated proceedings under the SARFAESI Act 2002, and notice under Section 13(2) of the Act was issued on 25.09.2004; possession notice under Secti
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