The High Court dismissed the writ petition filed by employees seeking revival of a government undertaking factory, holding the court lacks jurisdiction to direct rehabilitation of a limited company.
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O.J.C. No.11194 of 1997
06. 01.08.2016 On repeated call none appears on behalf of petitioner.
Relief sought for in this writ petition is for issuance of direction for reviv
al of factory of opposite party no.1.
From going through the pleading made in the writ petition it is evident that t
he petitioners are employees / workmen under opposite party no.1, i.e. Orissa Leather Industri
es Ltd. which is a Government of Orissa undertaking.
The allegation leveled by the petitioners against the State Government that it
is due to the latches on the part of the State Government the factory (O.P. No.1) has complet
ely been abandoned.
However the State Government has given assurance for its revival but noting ha
s been done by the State Authority and in that pretext this writ petition has been filed.
Thus it is a case of seeking revival of opposite party no.1 which is a leather
industry being a limited company. This Court sitting under Article 226 of the Constitution of
India is not supposed to issue writ directing the State Government to rehabilitate a limited
company rather the forum lies otherwise.
In view thereof I find no reason to entertain the prayer of the petitioner. Accordingly, the writ petition stand dismissed.
... S.N. Prasad, J.
mkp
2
1 issue framed by the court
Whether the High Court can issue a direction under Article 226 of the Constitution of India for the rehabilitation of a limited company.
1 provisions across 1 enactments
Petitioner
State Government
Orissa Leather Industries Ltd.
S.N. Prasad
As recorded by the court registry
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