Devtadin Zurai Yadav vs Manager on 4 February, 2022
5.2 By relying upon the language of section 22 of the
SICA, it was submitted by learned advocate Mr.Upadhyay
that provisions of section 22(1) of SICA would be
applicable only in the cases where the proceeding is
pending for execution, distress or like against any
property of the company or appointment of Receiver in
respect thereof or recovery of suit or for enhancement of
any security against the industrial company. There was
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C/SCA/10724/2018 CAV JUDGMENT DATED: 04/02/2022
no execution proceeding which was pending either by the
petitioner or co-workers against the mill company and,
therefore, provisions of section 22(1) of the SICA 1985
would not be applicable in the facts of the present case
and, therefore, no prior permission was required from
BIFR before filing an application before the Labour Court
by the petitioners. He submitted that Labour Court has
wrongly relied upon the judgment in the case of Morarji
Desai Textile Labour Co Operative Industries Limited vs.
Thakorebhai Dhulabhai Patel reported in 2003 (2) LLJ
129 as the facts of that case and facts of the present case
are different.