High Court of Judicature at Allahabad
Case Law Search
M/S Swadeshi Cotton Mills, Kanpur v. D.M., Kanpur Nagar And Others - WRIT - C No. 23918 of 2002  RD-AH 11180 (10 July 2006)
CIVIL MISC. WRIT PETITION NO. 23918 OF 2002
M/s Swadeshi Cotton Mills, Kanpur. ....Petitioner
The District Magistrate, Kanpur Nagar
and others. ......Respondents
Hon'ble Rajes Kumar, J.
By means of the present writ petition, petitioner has challenged the seizure order dated 06.05.2002 passed by the respondent no.2 for the execution of the interim order passed by this Court dated 11.01.2001, during the pendency of the modification application.
The fact is that the respondent no.1 vide order dated 11.01.2001 computed the amount of Rs.3,13,222.88p. under section 33-C (2) of the U.P. Industrial Dispute Act (hereinafter referred to as "Act"). Petitioner filed Writ Petition no.16663 of 2001. This Court on 02.05.2001 passed the interim order and directed the petitioner to deposit the entire amount with the respondent no.1 and the respondent no.2 was permitted to withdraw half of the amount so deposited. Petitioner filed modification application to modify the interim order to the extent that the condition allowing the respondent no.2 to withdraw half of the amount be deleted. During the pendency of the said modification application respondent no.2 filed application under section 6 H (1) of the Act for recovery of the said amount. On 18.05.2001 Deputy Labour Commissioner issued the recovery certificate against the petitioner. In pursuance thereof, seizure order dated 06.05.2002 for seizing the bank account has been passed by the respondent no.2. Present writ petition is consequential writ petition to the Writ Petition No.16663 of 2001. This Court on 12.06.2002 passed the following order:
"Issue notice to respondent no.3. Petitioner to take steps for service within a week. Learned Standing Counsel appears for respondents no.1 and 2. Respondents may file counter affidavit within one month.
List alongwith Writ Petition No.16663 of 2001, Swadeshi Cotton Mill Vs. Presiding Officer Labour Court, U.P. Kanpur in week commencing 19th August, 2002.
Subject to petitioner's depositing the entire amount as directed by the order dated 18-5-01 annexure 1 to the writ petition within a period of two months from today the order of seizure dated 6-5-02 of the petitioner's account shall not be given effect to."
Order of the Presiding Officer dated 11.01.2001 has been quashed. Thus, the proceedings arises out of the said order stands set aside.
In the result, writ petition is allowed and seizure order dated 06.05.2006 passed by the respondent no.2 is quashed.
Double Click on any word for its dictionary meaning or to get reference material on it.