Disposed

M/S. Ponni Sugars (Orissa) Limited v. Govt.of Odisha

Orissa HC8 Feb 2021CMAPL/6/2021

Case brief

AI extract

What is this about?

The Court restored and disposed of a Writ Petition challenging government orders rejecting an application for closure of a unit. Acknowledging the company's liquidation, the Court directed the criminal court to consider the changed circumstances and decide on crimi

What did the court decide?

The petitioner directed to file an application before the criminal court for direction on criminal liability given the company's liquidation.

M/S. Ponni Sugars (Orissa) Limited Vs Govt.of… — Labour and Industrial Disputes | Orissa HC (2021)

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CMAPL NO. 6 OF 2021

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CMAPL NO. 6 OF 2021 & W.P.(C) No. 758 of 2003

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02 08.02.2021 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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CMAPL No. 6 of 2021 has been filed for restoration of W.P.(C) No. 758 of 2003, which was dismissed on 16.02.2017 for non-prosecution.

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On perusal of the record, it appears that on the date the writ petition was called out, learned counsel for the petitioner submitted that he has no instruction in the matter. Accordingly, the writ petition was dismissed for non-prosecution.

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Considering the submission of learned counsel for the petitioner and the averments made in the CMAPL, W.P.(C) No. 758 of 2003 is restored to its file.

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W.P.(C) No. 758 of 2003 has been filed with a prayer to quash the orders under Annexures-5, 7 and 9.

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Learned counsel for the petitioner submits that on the allegation that the provision of Section 25(o) of the Industrial Disputes Act, 1947 has not been complied with, a criminal proceeding in 2(C) C.C. No. 51 of 2001 has been initiated. However, assailing the decision of the Government in not treating the petitioner-unit as a seasonal establishment, W.P.(C) No. 758 of 2003 was filed with a prayer to quash the orders under Annexures-5, 7 and 9 therein. He further

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submits that the Company was liquidated on 02.04.2004 and the Managing Director of the Company had already left the services in 2001. However, the petitioner filed an application in accordance with the statutory provisions for approval of the closure of the petitioner’s unit. The appropriate Government rejected his application vide orders dated 13.04.2001, 21.06.2001 and 03.01.2002 under Annexures-6, 7 and 9. After disposal of the writ petition, learned S.D.J.M., Bolangir is proceeding with 2(C)C.C. No. 51 of 2001, which necessitated the petitioner-unit to file this CMAPL.

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Heard Mr. Tripathy, learned counsel for the petitioner.

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Since the Company has already been liquidated and the Managing Director of Company had left the services since 2001, in the changed circumstances, it is open to the petitioner to file an application before the criminal court for appropriate direction as to whether there exists any criminal liability or not. In such event, learned S.D.J.M., Bolangir shall consider the same in accordance with law giving opportunity of hearing to the parties concerned.

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With the aforesaid observation, the CMAPL and Writ Petition are disposed of.

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Authenticated copy of this order downloaded from the website of this Court shall be treated at par

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with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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.............................. S. Panda, J.

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................................. K.R. Mohapatra, J.

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bks

M/S. Ponni Sugars (Orissa) Limited v. Govt.of Odisha

Case brief

What is this about?

What did the court decide?

M/S. Ponni Sugars (Orissa) Limited v. Govt.of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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