IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6873 of 2008(R) ------------------------- PETITIONER: -------------- M/S. KERALA SPINNERS LTD. (A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956) THROUGH ITS MANAGER MR.MUTHUSWAMI) HAVING ITS REGISTERED OFFICE AT KOMALAPURAM, ALAPPUZHA, KERALA. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENTS: ----------------- 1. THE STATE OF KERALA, LABOUR & REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, KISTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. 3. KERALA SPINNING MILLS WORKERS UNION (AITUC), N.ARYAD P.O., KOMALAPURAM. 4. KERALA SPINNERS EMPLOYEES UNION(INTUC), N. ARYAD P.O., KOMALAPURAM. 5. KERALA SPINNERS EMPLOYEES CONGRESS (INTUC), N. ARYAD P.O., KOMALAPURAM. 6. KERALA SPINNERS MAZDOOR UNION (JTUC), N. ARYAD P.O., KOMALAPURAM. 7. TEXTILE MILL THOZHILALI UNION (CITU), N. ARYAD P.O., KOMALAPURAM, ALAPPUZHA. WPC NO.6873/2008 -2- 8. KERALA SPINNERS MAZDOOR SANGH (BMS), N. ARYAD P.O., KOMALAPURAM, ALAPPUZHA. 9. KERALA SPINNERS WORKERS FEDERATION(UTUC) N. ARYAD P.O., KOMALAPURAM. 10. KERALA SPINNERS LABOUR UNION(TUCI), N. ARYAD P.O., KOMALAPURAM. 11. THE LABOUR COMMISSIONER, LABOUR & REHABILITATION DEPARTMENT, THIRUVANANTHAPURAM. 12. INDIAN OVERSEAS BANK, INDUSTRIAL ADVISORY AND REHABILITATION DEPARTMENT, CENTRAL OFFICE, 763, ANNASALAI, CHENNAI BY ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6873 OF 2008 R ==================== Dated this the 28th day of February, 2008 J U D G M E N T In this writ petition, the prayer sought for by the petitioner is against respondents not to interfere with the affairs of the company till a final decision is taken by the Board for Industrial and Financial Reconstruction. According to the petitioner, the petitioner is a sick industrial company in respect of which an enquiry as contemplated under Sick Industrial Companies (Special Provisions) Act, 1985 is pending before the BIFR and at that stage, an attempt is made at the instance of respondents 1 and 2 to induct a promoter and change the share pattern. In my view, such unilateral action cannot be done in view of the provisions contained in the aforesaid Act, which require that sanction of the BIFR is necessary for any such action. Therefore, this writ petition is only to be disposed of and I do so. ANTONY DOMINIC,JUDGE. Rp