BHANSALI ENGINEERING POLYMERS LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this writ petition for claim of increased wage subsidy under the provisions of Rajasthan Investment Promotion Scheme, 2003 (for brevity, hereinafter referred to as 'RIPS, 2003'). The petitioner has set up an industrial unit under a licence -agreement dt. 06.11.2003 from one M/s. Crompton and Greaves Ltd. as is referred to in the impugned assessment order dt. 25.09.2008 (Annex. 9) in a pending matter before the B.I.F.R. under the provision of SICA Act, 1985 and under the Scheme while absorbing 61 workmen of erstwhile company, M/s. Crompton & Greaves Ltd. from whom the licence of industrial unit was taken by the petitioner, the petitioner, M/s. Bhansali Engineering Polymers Ltd., further employed some more workmen and with respect to wages paid to such additional workmen employed by it, it was given the wage subsidy under the provisions of RIPS, 2003. The petitioner claimed the said wage subsidy even for the those 61 workmen, who were absorbed by it and who were employed by the erstwhile company, i.e. M/s. Crompton & Greaves Ltd. Mr. Dinesh Mehta, learned counsel for the petitioner submitted that since the eligibility certificate to the petitioner, industrial unit, was granted by the competent Screening Committee vide Annex. 2 in the category of 'expansion' on 05.12.2005, the petitioner has been deprived of this additional wage subsidy under the RIPS, 2003. He further argued that the petitioner ought to have been given the eligibility certificate under the category of 'new industrial unit' since for all practical purposes, the investment made by the petitioner, company was a new investment in the plant and machinery as well as workmen absorbed by it, which should be deemed to in the employment of the petitioner -company for the first time as additional workmen.

(2.) MS . Garima Chouhan, appearing on behalf of Mr. V.K. Mathur, however, raised a preliminary objection that the petitioner has an alternative remedy by way of appeal/revision under Clauses 12 and 13 of the RIPS, 2003, before the State Government, which reads as under: - -

(3.) CONSIDERING the submissions made at the bar, this writ petition is disposed of with a liberty to the petitioner to file appropriate appeal or revision before the competent authority of State Government; and if such appeal or revision is filed within a period of four weeks from today, the concerned authority is expected to decide the same expeditiously on merit, without any objection as to the limitation. The petitioner will also be at liberty to file appeal against the impugned assessment order (Annex. 9) dt. 25.09.2008 also, which should also be decided on merits by the appellate authority. With the aforesaid liberty to the petitioner, the writ petition filed by the petitioner is, accordingly, disposed of. No costs. A copy of this order be sent to the concerned parties forthwith.