Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) Multi-state Cooperative Societies Act, 2002 (39 of 2002) |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Multi-State Co-operative Societies Act, 2002: ss. 89 and 90 – Winding up of Super Bazar – Notice by Official Liquidator u/s. 25F of Industrial Disputes Act, 1947 terminating services of regular employees – SLP before Supreme Court challenging winding up order – Scheme for revival of Super Bazaar – The petitioner in its bid for revival envisaged investment of Rs. 504 crores – Petitioner’s bid accepted – SLP disposed of in above terms keeping the order of winding up suspended – During period under petitioner’s management summons issued u/s. 7A of Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 – Application before Supreme Court seeking withdrawal of summons – Constitution of Committee to look into certain issues regarding implementation of revival scheme – Committee in its report indicated serious impasse arising out of the non-implementation of the revival plan – Court directed refund of entire investment made by the petitioner subject to deduction of profits made during the period of arrangement – Direction to Comptroller and Auditor General of India to determine exact amount to be refunded – Official Liquidator was directed to bring to sale all the properties of Super Bazar – Properties were handed over by the petitioner to Official Liquidator – Contempt Petition by the petitioner seeking disbursement of certain amount received from the sale of property of Super Bazar – The net outstanding amount worked out by Comptroller and Auditor General (CAG), as against the claim of petitioner amounting to Rs. 126 crores, was Rs. 3.39 crores – Held: The conduct of the petitioner shows lack of bonafide in revival of Super Bazar – Having failed in reviving Super bazar, its claim for refund of entire amount it had invested, is contrary to the principles which govern winding up as well a statutory scheme embodied in ss. 89 and 90 of Multi-State Co-operative Societies Act; rr. 28 and 29 of Multi-State Co-operative Societies Rules and s. 11 of Employees Provident Fund Act – Verification made by CAG is final and binding – Official Liquidator to deal with petitioner’s claim to the extent set out by CAG in accordance with statutory order of priorities – Multi-State Co- operative Societies Rules, 2002 – rr. 28 and 29 – Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 – s. 11. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 283 |
Petitioner | M/s Writers And Publishers Pvt. Ltd. |
Respondent | Dr. Ak Mishra, Official Liquidator |
SCR | [2020] 4 S.C.R. 78 |
Judgement Date | 2020-03-05 |
Case Number | 1665-1666 |
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