- (1.) LEAVE to appeal is granted in terms of the application made before the Court.
(2.) THE special appeal has arisen from an order of the learned Single Judge dated 5 February 2015 in a writ petition filed by the first respondent.
(3.) A reference has been registered against the first respondent before the Board for Industrial and Financial Reconstruction1 under the Sick Industrial Companies (Special Provisions) Act 19852. The first respondent had filed before the Lucknow Bench of this Court a Company Appeal against an order of the learned Single Judge dated 15 February 2011 rejecting an application of the creditor in a winding up petition (M/s Balrampur Chini Mills Ltd. Unit Baghnan (Chemical Div.)3 for withdrawal of the petition. When the appeal came before the Division Bench, a reference was made to mediation. By an order dated 4 January 2013, a Division Bench of this Court at Lucknow recorded the terms of a settlement under which the management had agreed to pay an amount of Rs.9.38 crores to the workmen and employees of the Company and an amount of Rs.2.76 crores to the creditors. The entire amount under the settlement was directed to be paid on or before 31 December 2013. A special leave petition filed before the Supreme Court (SLP No. 26248 of 2013) was dismissed on 7 May 2014. The writ petition out of which the order impugned in the present special appeal arises was instituted by the first respondent in order to challenge a recovery citation dated 6 January 2015 and for impugning orders passed by the Deputy Labour Commissioner, Gorakhpur for the payment of the dues to the workmen.;