sale of disputed land in parts?

Labour & Industrial 655 views 3 replies

ankit jain

CS trainee

152 Points Joined January 2010

dear all,

There is dispute between labour and factory owner. They went to settle that dispute in the court. The owner wants to close down the factory and the dues of the labour had not been paid by the owner. The Court had decided to sale the scraps and the land through auction sale but the factory is too big and costly as well. So, 5 yrs have passed but that is not sold till yet. So, is there any case law or circular in which if the factory is not sold in one part then can it be sold partiallly means, can we sold scrap and land seperately?

Thanks in advance

Replies (3)

U S Sharma

glidor@gmail.com

21068 Points Joined January 2010

Originally posted by : ankit jain
	dear all, There is dispute between labour and factory owner. They went to settle that dispute in the court. The owner wants to close down the factory and the dues of the labour had not been paid by the owner. The Court had decided to sale the scraps and the land through auction sale but the factory is too big and costly as well. So, 5 yrs have passed but that is not sold till yet. So, is there any case law or circular in which if the factory is not sold in one part then can it be sold partiallly means, can we sold scrap and land seperately? Thanks in advance

as the court is liquidator, you can approach the court for next suitable method of disposal, and can do it subject to approval.

ankit jain

CS trainee

152 Points Joined January 2010

Dear Sharma ji,

I agree with you but is there are any circular or anything in written which permits the Courts to sale that land in parts?

t.r. ganesan

Lawyer

46 Points Joined September 2010

1st for closure of the manufacturing unit the Employer has to for follow Industrial Disputes Act, 1947 provisions to apply to the Government. There are conflicting judgements of different High Courts and Supreme Court depending on the nature of closure dispute. First priority is to make all the legal dues to the employees, if the closure sought is on cogent and genuine reasons and the decision of HC and/or SC would be final. Ankit Jainji or Sharmaji should high light the judgement and/or operative portion of the order of the Court decided to go for sale of Scrps or land in piece or in full.