M/S. CEAT LIMITED, (ELECTRONICS DIVISION) Vs. SHRI S.N. KAMBLE, JUDGE, FIRST LABOUR COURT AND SHRI UPENDRA M. SHROFF

JUDGEMENT

(1.) THIS is a revision filed by the Applicant company under section 44 of the M.R.T.U and P.U.L.P. Act, 1971 by getting aggrieved by an order dated 10th March 1995 passed below Exh. U -10 in Complaint (ULP) No. 217 of 1991 by the Learned First Labour Court Thane. The brief facts which have been narrated in the said revision by the Applicant are as below: - -

(2.) AFTER filing the said Application, the Original Respondent i.e. present Applicant company have objected the said Application and have filed their detailed Say i.e. Affidavit in Reply at Exh. C -8 on 23rd September 1994 with sufficient documents and have taken a stand that as the Respondent company i.e. present Applicant have already approach the B.I.F.R. under provisions of Sick Industrial Companies (Special Provisions) Act, 1985. And accordingly the Authorities of the B.I.F.R. have issued a letter dated 24th May 1994 and have given approval for sale of land, buildings and machinery. And by putting the said facts before the trial Court, the Applicant have stated that the Lower Court can not pass any restraining order against the Applicant company.

(3.) SO apart from taking any cognizance, the Learned Trial Court have passed an order dated 10th March 1995 below Exh. U -10 dated 5th July 1994 and restrained the Applicant company from removing or dispossing off moveable or immoveable properties till the final decision of the original complaint or to produce surety worth Rs. 2,00,000 in the Court. The Certified copy of the said impugned order is on record of the present revision application. So' by getting aggrieved by the said order, the present Revision has been filed on and other grounds which are as below: - -