KAMANI EMPLOYEES UNION v. THE APPELLATE AUTHORITY FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

THE APPELLATE AUTHORITY FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION & ORS. RESPONDENT(S)

We have heard learned counsel for the appellant and

learned senior counsel and learned counsel appearing for the

respective respondents.

During the course of submission, it has been brought to our

notice that pursuant to the liberty reserved by the High Court, the

appellant/Union has approached the adjudicating authority and there

is also an award in favour of the workers’ Union. The same has

however, been assailed by the respondent/Company before the High

Court.

In the circumstances, we are of the view that the liberty

reserved by the High Court to the appellant herein has been availed

of by the appellant herein by seeking certain remedies before the

adjudicating authority. In that view of the matter, we find that the

question, as to, whether, the Scheme which was approved by the Board

for Industrial and Financial Reconstruction (BIFR) and upheld by the

Appellate Authority for Industrial and Financial Reconstruction

contd..

(AAIFR) as well as by the High Court would no longer be a question

for consideration by this Court.

We dispose of this appeal by reserving liberty to the

appellant herein to seek all reme...