RELIANCE SILICONES INDIA LTD Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) BY this petition the petitioner challenges an order passed by the Industrial Tribunal declining to stay the proceedings which are pending before it on account of a reference made. The reference is for grant of reinstatement with back wages to the employees who are respondents.

(2.) A reference made by the petitioner is registered before the B. I. F. R. Therefore, an application under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, was made. That application has been rejected by the Industrial Tribunal and therefore, the present petition has been filed.

(3.) THE learned counsel relying on several judgments of this Court as well as the Supreme Court submits that the purpose behind enacting Section 22 is to keep the assets of the company intact. In the submission of the learned Counsel, therefore, since in the present proceedings, an order for reinstatement along with back wages can also be made, Section 22 will apply and the proceedings would be required to be stayed.