ORIGINAL SIDE CENTRAL INLAND WATER TRANSPORT CORPORATION LTD Vs. SECOND LABOUR COURT WEST BENGAL

JUDGEMENT

(1.) THE Petitioner, a Government Company, within the meaning of Section 617 of the Companies Act, 1956, seeks appropriate Writs and orders for cancellation and or withdrawal of an order of reference dated September 12, 1968, made by the respondent No. 3, (State of West Bengal) under sub-section (2)of section 33c of The Industrial disputes Act, 1947 (hereinafter referred to as the Act ).

(2.) THE company known as Rivers steam Navigation Company Limited (hereinafter referred to as a transferer)owned a large number of vessels, steamers, tugs, flats etc. and used to operate a River Transport Service from west Bengal to Assam via rivers in eastern Pakistan. During and after the conflict with Pakistan in September 1965 this transport service had to be closed and a large number of vessels of the transferer were seized by the government of Pakistan. An application for winding up of the transferer was following by an application by the transferer for sanction of a scheme of arrangement or compromise under the companies Act, 1956.

(3.) ON May 3, 1967, this Court in its company jurisdiction sanctioned a scheme of arrangement or compromise by and between the transferer and its creditors on an application made by the transferer under sections 391 and 394 of the Companies Act, 1956. This scheme of arrangement provided inter alia is as follows :-