D. S. SINHA AND LAKSHMI BIHARI, JJ.

( 1 ) HEARD Sri Vijay Bahadur Singh, the learned counsel appearing for the petitioner and Sri Vinay malaviya, learned Standing Counsel of the State of U. P. , representing the respondents.

( 2 ) THE notice dated December 21, 1990 and citation dated June 21, 1991, photo copies whereof are appended to the petition as Annexures 2 and 5 respectively, are under challenge in this petition under Article 226 of the Constitution of India.

( 3 ) BY the impugned notice and the citation proceedings against the petitioner have been initiated for recovery of a sum of Rs. 19,41,297. 72 alleged to be recoverable as arrears of land revenue under Section 3 of the U. P. Industrial Peace (Timely Payment of Wages) Act, 1978.

( 4 ) THE contention of the petitioner, in the fore-front, is that the impugned recovery is barred by section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, hereinafter called the act. According to the petitioner it is a sick company as contemplated under the Act and proceedings under Section 16 of the Act are on. Indeed, by its order dated January 24, 1991, a copy whereof is Annexure 1 to the petition, Board of Industrial an

Click Here to Read the rest of this document