A writ petition regarding dues of employees of sick cooperative spinning mills was disposed of by referencing a prior order of the apex court that mandated payment of dues from the proceeds of assets of such mills.
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W.P.(C) No. 9128 of 2013
03. 18.07.2019
Heard Mr. L. Samantaray, learned counsel for the petitioner; Mr. S. Mishra, learned Addl. Government Advocate for the State opposite parties; Mr. S. Mallik, learned counsel for opposite party no.3; and Mr. L.K. Mohanty, learned counsel for opposite party no.4.
Similar question had come up for consideration before the apex Court in Special Leave to Appeal (C) No(s). 354-355 of 2009, which has been disposed of vide order dated 21.03.2017, whereby the apex Court has passed the following orders:-
“Heard learned counsel for the parties.
These petitions arise out of claims for payment of dues of the employees of sick Cooperative Spinning Mills, namely,
1. Orissa Weavers Cooperative Spinning Mills Ltd. (ORICOSPIN), Tora, Bargarh.
2. Kalinga Weavers Cooperative Spinning Mills Ltd. (KALICOSPIN), Govindpur, Dhenkanal.
3. Shree Jagannath Weavers Cooperative Spinning Mills Ltd. (JSPIN), Athagarh, Cuttack.
4. Shree Sarala Weavers Cooperative Spinning Mills Ltd. (SARSPIN), Tirtol, Jagatsinghpur.
5. Utkal Weavers Cooperative Spinning Mills Ltd., Khorda.
The said Spinning Mills have either been privatized or are under liquidation.
It is stated that the dues of the employees may be to the tune of Rs.807.86 lakhs. If there is any dispute about the extent of dues, the same may be gone into at an appropriate forum.
Having regard to the facts and circumstances of the case, we are of the view that the appellant ought to disburse dues to the respondents to the extent of 50% out of proceeds of assets of the sick mills in question within a period of two months. The remaining amount be paid within a period of one year thereafter. Any pending
litigation in this regard may be concluded as far as possible within a period of six months from today. It will be open to the petitioner to take further steps for getting any pending proceedings at appropriate forum. The Special leave petitions are disposed of in above terms.”
In view of the order already passed by the apex Court as mentioned above, this writ petition stands disposed of in terms of the said order.
Accordingly, the writ petition is disposed of.
…………….…………… (DR. B.R. SARANGI) JUDGE
GDS
1 issue framed by the court
Whether the writ petition requiring disposal of dues for sick cooperative mills is to be allowed in view of the apex Court order.
Colour shows how this judgement treated each authority
Similar questionReferred¶4
Special Leave to Appeal (C) No(s). 354-355 of 2009
Petitioner
State opposite parties
Dr. B. R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
