POSYSHA INDUSTRIES CO LTD Vs. COLLECTOR

JUDGEMENT

(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 petitioner's 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"). It is also stated that the petitioner closed manufacturing activities in the factory premises of the petitioner at Ghaziabad and assets lying therein were being looked after by the Security Guards only as manufacturing activities had been closed. In the meantime on 26.10.1993 the B.I.F.R. passed order under Section 17 of the Act of 1985 declaring the petitioner-company as sick. Draft Scheme of rehabilitation was prepared and was under consideration. Recovery certificate for Rs. 15,58,087.92/- for wages of the employees had been issued and auction was held on 18.11.1995 and such auction was cancelled on 18.12.1995 as the balance amount required to be deposited for such auction had not been deposited within time. The auction purchaser filed writ petition No. 470 of 1996 which was ultimately allowed on 22.7.1996 holding that the payment of balance amount was made within time. The petitioner received a letter dated 13.8.1996 from the Tehsildar, the respondent No. 2 and the gave a reply thereto on 16.8.1996. The Tehsildar by letter dated 24.8.1996 asked the petitioner to file his objection and the petitioner filed his objection. It is stated that on 12.9.1996 goods were being lifted and when the petitioner came to know about this, he moved a writ petition on 13.9.1996 and obtained stay order.

(3.) The Collector, Ghaziabad and Tehsildar, Sadar Tahsil, Ghaziabad, being respondent Nos. 1 and 2 filed a joint counter affidavit and separate counter affidavits were filed by the respondent No. 3, Additional Labour Commissioner, Ghaziabad, respondent No. 4, Engineering Karamchari Trade Union and the respondent no. 5 M/s. Shriram Trading Company. The petitioner filed rejoinder affidavit.