DEEPAK VEGPRO PRIVATE LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner challenging notification No. 3/D-1-180-150/2007LR 3147 dated 23.6.2008 (Annexure-1) issued by Govt. of Bihar, Labour Employment and Training under the signature of its Joint Secretary (Respondent No. 1) by which the alleged industrial dispute was referred to the Industrial Tribunal, Patna for its adjudication vide Reference No. 71 of 2008.

(2.) The claim of the Petitioner is that it is a company incorporated under the Companies Act, 1956 and the factory at Durgawati is a unit of Petitioner-company known as Vanaspati Division engaged in manufacturing hydrogenated Vanaspati oil.

(3.) It is also claimed by the Petitioner that there was another company, namely Ganga Vanaspati Private Limited, which was also engaged in production of Vanaspati oil, but since it could not run properly, Company Petition No. 2 of 1995 was filed in the High Court for winding up the company in which notices in different newspaper was published for the auction sale of its assets. The Petitioner-company participated in the auction sale and being the highest bidder offering Rs. 2.11 Crore purchased the assets of the demised company without any encumbrance and the same was finalized in favour of the Petitioner after deposit of the full and final consideration money by the Petitioner-company which was given sale letter dated 27.9.2006 (Annexure-2) by Official Liquidator of this High Court, whereafter the factory unit was handed over to the Petitioner on 28.9.2006 after issuance of certificate dated 18.9.2007 (Annexure-3) issued by the Official Liquidator of the Patna High Court in which it was made clear that the Petitioner-company was not liable to pay any dues/tax payable on behalf of the erstwhile company in liquidation.