G.C. Gupta, J. - (1.) This appeal is directed against an order dated 14 -7 -1999 passed by the learned Single Judge allowing the writ petition. The learned Judge directed as follows : "Let a writ of mandamus be issued directing the respondent Nos. 1 to 4 to take all steps in accordance with law to revise in the pay of the petitioner and other staffs of the school so that the same becomes at par with those of the staffs of non -Government aided secondary institution/school as prescribed by the State Government and, therefore, the condition for grant of recognition of the school is fulfilled."
(2.) Mr. Saptangshu Basu appearing in support of the appeal did not challenge the order on merits. His contention was that the appellant who was the respondent No. 1 in the writ petition is a BIFR company and, therefore, the impugned order which is in effect an order for payment of money should not have been passed. He placed strong reliance on the judgment of the Apex Court in the case of N.T.C. (I.D.A.) Employees Association v/s. : AIR1998SC2585 and contended that the writ petitioners should approach the BIFR for relief, if any. He has brought to our notice that the BIFR by an order recommended that the appellant should be wound up. The order of the BIFR was challenged before this Court in writ jurisdiction and an order has been passed directing the BIFR to consider the scheme for revival of the unit, if it is submitted within three months from the date of the order, i.e., 13 -2 -2001.
(3.) The factual position emerging from the aforesaid is that the appellant was declared a sick company under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 ('the Act'). After the Board came to the conclusion that the company is unable to make its net worth positive, it recommended that the company should be wound up. The order of the BIFR has in fact and reality been upheld by this Court in its writ jurisdiction wherein the learned Single Judge held as follows : "There is, therefore, no just reason to interfere with the order which has been passed by the BIFR.";