AMITAVA LALA, J. - (1.)Date of the coming into operation of the sanctioned scheme or any provision thereof, the scheme or such provision shall be binding on the sick industrial company and the transferee company or, as the case may be, the other company and also on the shareholders, creditors and guarantors and employees of the said companies. Such sub-section came into force in 1994. Mr. Majumdar contended that since there is a question of amalgamation, the SICA cannot only be applicable in respect of the sick industrial company but also in respect of the company with whom it was merged or amalgamated, having so, the Industrial Disputes Act cannot be made applicable. So far as seeking permission from the Ministry of Labour is concerned, he further contended that effect of any other Act cannot be made applicable in such circumstances. Therefore, the very jurisdiction or the authority of the secretary is under challenge.
(2.)This writ petition has been moved before this Court upon notice to the company by saying that the prayer for seeking permission by the authority of MMTC is neither just nor can be considered by the Secretary, Ministry of Labour, Government of India. The union has also made a representation to the company on April 24, 2003, with a copy to the Secretary, Ministry of Labour, Government of India. The contention of the petitioners is that when the scheme of amalgamation is approved by the BIFR, being a quasi-judicial authority, the same cannot be interfered with by an administrative authority in the garb of an application for permission of closure.
(3.)From the list of dates as well as from annexure P4, being an order of the BIFR, I find the amalgamation of the two companies, the MIDCO and the MMTC, was effected on April 1, 1994, and the MIDCO became a division of MMTC. The BIFR sanctioned the rehabilitation-cum- amalgamation/merger scheme on April 8, 1996.
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