Case Details: Kamani Employees Union vs. Appellate Authority for Industrial and Financial Reconstruction [2025] 180 taxmann.com 543 (SC)
Judiciary and Counsel Details
- B.V. Nagarathna & R. Mahadevan, JJ.
- Jawar Raja, Karun Sharma, Ms Aditi Saraswat, Nitai Hinduja, Ms Rajkumari Divyasana, Advs. & Pukhrambam Ramesh Kumar, Aor for the Appellant.
- J.P. Cama, Rauf Rahim, R. P. Bhatt, Jamshed P Cama, Sr. Advs., S.S Syed, Ali Asghar Rahim, Mohsin Rahim, Ms Tania Tamanna, Ms Bina Madhavan, S. Udaya Kumar Sagar, Ms Shruti Sharma, Anand Dilip Landge, Siddharth Dharmadhikari, Shrirang B. Varma, Ms Nidhi Sahay, Ritansh Kumar Nand, Himanshu Raj, S. Sukumaran, Anand Sukumar, Bhupesh Kumar Pathak, Mrs Ruche Anand, S.S Sayyid, Ibad Mushtaq, Rauf Rahim, Ms Akanksha Rai, Ms Gurmeet Kaur, Syed Arshad, Advs., Shekhar Kumar, Pranab Kumar Mullick, Aaditya Aniruddha Pande, Shashank Manish, Ritesh Kumar Chowdhary, Ms Meera Mathur, Brajesh Kumar & Fuzail Ahmad Ayyubi, Aors for the Respondent.
Facts of the Case
In the instant case, the Appellant-Union preferred instant appeal against order of High Court upholding order of Board of Industrial and Financial Reconstruction (BIFR) approving scheme of rehabilitation of Respondent-Company.
Supreme Court Held
The Hon’ble Supreme Court observed that since appellant-Union had availed liberty reserved by High Court and had approached Adjudicating Authority and there was also an award in favour of workers’ Union, question as to whether scheme which was approved by BIFR and AAIFR as well as upheld by High Court would no longer be a question for consideration by Supreme Court.
Therefore, Hon’ble Supreme Court held that the instant appeal was to be disposed of by reserving liberty to appellant to seek all remedies that were available to appellant-Union in terms of impugned order of High Court.
List of Cases Reviewed
- Order of High Court of Judicature at Bombay in WPC-1707-2007, dated 12-08-2009 (para 4) affirmed.
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