SEETHA VENKATESH MILLS LTD REP BY ITS MANAGING DIRECTOR OAA ANANTHAPANDMANABAN CHETTIAR Vs. THASILDHAR AMBATTUR CHENNAI

JUDGEMENT

(1.) THESE writ petitions are filed praying to issue a Writ of Certiorarified Mandamus to call for the records of the respondent herein relating to the distraint order No.181, & 182 respectively dated 21.6.2002 in Form No.1 under Section 8(1) of Act 2 of 1865 and quash the same and consequently forbear the respondent from in any manner demanding, collecting or taking distraint proceedings against the petitioner for recovery of the Gratuity dues pending proceedings under the Sick Industrial Companies (Special Provisions) Act 1985.

(2.) THE petitioner challenges the destraint order passed by the Tahsildar for recovery of gratuity payable to the retired workman of the petitioner company. THE writ petitions have been filed on the premise that since the petitioner company is declared as sick industry under Section 3(1)(o) of the Sick Industrial Companies Act 1985 and since the draft scheme for rehabilitation has been submitted by the petitioner before the B.I.F.R. Under Section 16 and 17 and in view of Section 22 of the Act, distraintproceedings is bad.