GIDC Employees Union vs Board for Industrial and Financial Reconstruction and Another

K.S. Jhaveri, J.—The petitioner has prayed for a direction directing the BIF to permit the petitioner union to be joined as party to Case No. 176 of 1999 and further to direct the BIFR to hear the petitioner Union before making any scheme of revival for the Mill undertaking.

The issue raised in the present petition is squarely covered by the decision dated 21st December 2006 in Special Civil Application No. 3852 of 2003. The operative part of the said order reads as under:

On the aforesaid facts and in the circumstances, the petition is allowed. The petitioner Amletha GSL Mills Kamdar Sangh is impleaded as party respondent in the above referred Appeal No. 306 of 2002 pending before the Appellate Authority for Industrial & Financial Reconstruction. The parties will move the AAIFR for early disposal of the Appeal No. 306 of 2002. Rule is made absolute in the above terms. Interim order stands vacated.

In view of the above, the petitioner Union shall be joined as party to Case No. 176 of 1999 and the BIFR shall hear the petitioner Union before making any scheme of revival for the Mill undertaking. Rule is made absolute in the above terms. No order as to costs.