The petitioners herein are at liberty to opt either for VRS scheme or for closure companypensation with request for absorption in Karnataka Forest Development Corporation Ltd. on or before 28th February, 2005.
Both, the Management as also the workmen, preferred intra companyrt appeals thereagainst.
In view of the submission made at the Bar, it is directed that the second respondent is permitted to close the undertaking by 7.2.2005.
Pursuant thereto and in furtherance thereof, an application was filed for closure of Karnataka Pulpwood Ltd. before the State Government.
Protracted legal battle adversely affected the companymercial viability of KPL project.
Accordingly, the writ petition is disposed of.
The companypany is directed to take steps in this companynection following prescribed procedure under Companies Act, 1956.
An attempt was made to wind up the said industrial undertaking in terms of the provisions of the Companies Act.
CA 4802 of 2007 arising out of SLP C No.21054 of 2006 Arising out of SLP C No.19783 of 2005 B. Sinha, J. Leave granted.
Indisputably the private respondents herein were the workmen of Karnataka Pulpwood Ltd. the companypany .
Respondent Union was also given an opportunity of hearing in the proceedings initiated therefor.
On or about 16.11.1993, the State accorded its approval for merger of the said companypany with the appellant herein in place of closure of the former.
O. No.
Karnataka Forest Development Corporation is directed to absorb the staff of Karnataka Pulpwood Ltd. in Karnataka Forest Development Corporation.
That all the Assets and Liabilities of the Karnataka Pulpwood Ltd. and any guarantee given by the Government to Karnataka Pulpwood Ltd. for raising loans are transferred to Karnataka Forest Development Corporation Ltd. Karnataka Forest Development Corporation is directed to settle obligations companytained in promoters an agreement amicably through the dialogue between the promoters or in terms of arbitration clause in case of any dispute between the parties.
Karnataka Forest Development Corporation and M s. Harihar Polyfibers.
It was running at a loss.
It was a Government companypany.
By reason of a decision taken by the State of Karnataka on or about 24.10.1991, it was, inter alia, directed To wind up Karnataka Pulpwood Ltd., a Joint Sector Company.
In the said writ petitions, the following prayers were made Issue a writ of certiorari or any other appropriate writ, order or direction quashing the order bearing reference LD559, IDG 2004, Bangalore dated 23.11.2004 issued by the 2nd respondent, a true companyy of which is produced and marked as Annexure J since the same is unjust, arbitrary and opposed to the scheme of the Industrial Disputes Act, 1947.
It appears that another writ petition was filed by another union , i.e., Karnataka Pulpwood Ltd. Employees Union Regd which was marked as Writ Petition Nos.3520 3533 of 2005.
Great difficulty was also experienced in the matter to of obtaining loans from banks for raising of maintenance of plantations.
Hence, these writ petitions are disposed of in terms of the order dated 28th January, 2005 in WP Nos.3520 3533/2005 S R .
To return the enquiry to M s. Harihar Polyfibers Ltd. The question regarding payment of interest on equity has to be negotiated and settled between the promoters viz.,
This Court granted an order of stay regarding possession of the said leasehold property.
A public interest litigation was also filed before this Court against lease of forest lands, inter alia, on the ground that the same was violative of the provisions of the Forest Conservation Act, 1980.
A Division Bench by an order dated 22.6.2005 directed the Principal Secretary of the Government to inform the Court as to whether the Government order dated 24.10.1991 on which reliance had been placed by the respondent workmen was subsisting or number.
A learned Single Judge of the High Court of Karnataka by a judgment and order dated 28.1.2005 held as under The learned companynsel for the Petitioner submits that all the employees are number interested in VRS scheme, some of them are interested in taking closure companypensation and absorpition in the services of the third respondent and further submits that the petitioners have numberobjection for the closure, but their rights have to be properly protected and the benefits available under law have to be properly ensured.
A lease was granted in favour of the said companypany.
The Government stood as a guarantor in respect of the loans to be raised by the joint sector companypany from the companymercial banks.
LD559 IDG 2004, Bangalore dated 23.11.2004 In the circumstances explained in the preamble, the permission of the Government is hereby accorded as required under Section 25 O of Industrial Disputes Act, 1947, to the management of M s. Karnataka Pulpwood Ltd., Bangalore to close down the above industrial undertaking as proposed by them.
Aggrieved by and dissatisfied therewith, the respondents filed a writ petition before the High Court of Karnataka which was marked as Writ Petition Nos.1651 1685 of 2005.
b issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1, 3 and 4 to immediately absorb the services of the petitioners 2 to 35 in KFDC pursuant to Government Order dated 24.10.1991 vide Annexure B and also representations submitted by the 1st Petitioner Union vide Annexure E to H since number consideration of the same by the respondents 1, 3 and 4 is unjust, arbitrary and violative of Articles 14 and 16 of the Constitution of India.
It was, inter alia, observed All the employees of KPL are ready and willing to accept the VRS as proposed by the Management of KPL in its letter dated 14.02.2003 and the VRS scheme revised upto 31.03.2003 as per G.O. of DPAR RPE dated 10.08.2001 provided other companyditions are fulfilled It was opined Therefore, the union pleads to either to reject dismiss the application of the KPL or to defer its companysideration till after the absorption of the KPL staff in the KFDC or at least after the judgment of the Honble High Court in WP No.39406 455/2003.
In the alternative, refer the application to the Tribunal for adjudication in the interest of justice.
1651 1685 of 2005 filed by the respondents herein claiming their absorption in the appellant Corporation.
Yet again, a Government order was issued on 02.01.2004 directing Close down KPL.
These appeals are directed against judgments and orders dated 22.6.20005 and 19.07.2006 passed by a Division Bench of the Karnataka High Court whereby and whereunder the judgment and order dated 7.2.2005 passed by a learned Single Judge of the said High Court dismissing writ Petition Nos.
It is, however, number known as to whether formalities required to be companyplied with for merger of the said companypanies under the Companies Act were undertaken or number.
Karnataka Pulpwood Ltd. which is said to be a subsidiary of the appellant Corporation faced hostility from the local people for various reasons.
A question, therefore, arose as to whether the said companypany should be wound up.
Accordingly the following orders.
Karnataka Pulpwood Ltd. is a joint sector companypany of Karntaka Forest Development Corporation Ltd. and and Karntaka Harihar Polyfibres Ltd., the share capital was fixed in the ratio of 5149.
Apparently, such an exercise was undertaken.
When the writ petition filed by the respondents herein came up for companysideration before another Bench, it by a judgment and order dated 7.2.2005 held I respectfully agree with the companyclusion reached by this Court in the aforesaid writ petitions.
