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july 2008

Supreme Court of India · 2008-07-11

SHIVANAND GAURISHANKAR BASWANTI vs LAXMI VISHNU TEXTILE MILLS .

Citation / case number
SC 2007/19174
Court
Supreme Court of India
Petitioner
SHIVANAND GAURISHANKAR BASWANTI
Respondent
LAXMI VISHNU TEXTILE MILLS .
Author
C.K. THAKKER
Bench
C.K. THAKKER,D.K. JAIN, , ,

Judgment text excerpt

The Supreme Court addressed the summary dismissal of a writ petition under Article 226 by the Bombay High Court, which the appellant claimed was unjust as it involved illegal closure of the company without following due process under Sections 25-O and 25-N of the Industrial Disputes Act, 1947. The Court emphasized that the management's actions violated the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985, particularly Section 22A, which restricts asset disposal without prior approval. The appeal was allowed, and the matter was remanded for further consideration, reinforcing the necessity of adhering to statutory requirements in industrial disputes.

SHIVANAND GAURISHANKAR BASWANTI vs LAXMI VISHNU TEXTILE MILLS . · Niyam