( 1 ) A recovery certificate dated 22. 5. 1996 under Section 3 (1) of U. P. Industrial Peace (Timely payment of Wages) Act, 1978 (hereinafter referred to as Act of 1978) was issued and in pursuance of such recovery certificate and removal of goods from the petitioners factory premises were challenged by this writ petition. By an application for amendment filed by the petitioner addition of three prayers were made for preparation of inventory of the goods and machines already removed and still remaining in the Factory premises of the petitioner, to open the Factory premises as and when required by the petitioner company and for preparation of an inventory of goods and machines removed from the factory premises and kept at and lying in the premises of certain named parties and for restoration of the said goods.

( 2 ) THE relevant factual background of this case is that the petitioner applied for rehabilitation of the Company as a sick industry before the Board for Industrial and Financial Reconstruction (hereinafter referred to as B. I. F. R.) under Section 15 of the Sick Industrial Companies (Special provision) Act, 1985 (hereinafter referred to as "act of 1985