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An estimated 2-minute read

Can we trust on all decisions of the high courts??

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Dear Learned friends,

While trying to find out whether the SICA (is still in operation or not I came across some judgments of the high courts of different states which raise questions over the credibility of the decisions pronounced by them ad shows that even the high courts do not either apply their minds or they are short of IQ or knowledge. 

We all know that Sick Industrial Companies (Special Provisions) Act, 1985 for enacted for all possible revival of sick industries as per the provisions of the Act but in 2004, the President of India gave his assent to the Sick Industrial Companies (Special Provisions) Repeal Act , 2003 but the provisions of the repealing Act was to be notified by the Government to come into operation which has not been done so far till date. 

In spite of the said facts and also a clear pronouncement  of the Supreme Court (2006) in this regard wherein the SC asked the Government to consider the matter of notification of the repealing Act in public interest, the Jharkhand High Court, in 2008, dismissed a Writ petition which was a PIL too on the ground that the repealing Act has repealed SICA, thus no ground could be made out to adjudicate up on SICA provisions. Similarly, the Chennai High Court in 2004 accepted the fact in its judgment that the repealing Act has repealed SICA while coming into force 02.01.2004. 

Two judges bench of the Jharkhand HC in the matter of  Surinder Singh Sahni Vs UoI and Ors, decided on 06.05.2008 (LexDoc ID : 352594), states as follows :

"Though, neither the counsel for the petitioner nor counsel for the respondents pointed out, but it has been brought to our notice that the Sick Industrial Companies (Special Provisions) Act, 1985 stands repealed with effect from 1st January, 2004 by the Sick Industrial Companies (Special Provisions) Repeal Act, 2003.

5. The prayer of the petitioner for declaring the provisions of Section 3(1)(f)(ii) of the Sick Industrial Companies (Special Provisions) Act, 1985 as violative of Article 14 of the Constitution of India, does not therefore survive anymore since the very Act and the provisions contained therein, stands repealed. As regards the other prayers, it Is for the Government to consider' the need for making suitable arrangement for protection of the Sick Small Scale Industrial Undertakings.

6. We do not feel inclined to give any direction to the State or the Central Government in this regard. This writ application is therefore dismissed."

A single bench of the Chennai High Court in the matter of Dunlop Facttory Employees Union Vs Dunlop India Ltd., Writ Petition No.25962 of 2004, decided on 21.12.2004 accepted the fact that the repealing Act has repealed SICA without going into the question whether the repealing Act has got notified or not.

While at the same time the apex court in the matter of Morgan Securities and Credit Pvt. Ltd. Vs Modi Rubber Ltd., 2007 AIR SCW 350, asked the State to consider the matter of notification of the repealing Act.

There may be some more judgments of high courts wherein they would have accepted that the repealing act has repealed SICA but the question arise hereto now that how could we rely on judgments of high courts or whether we get proper justice in all the high courts since in many other matters, I have seen high court judgments without merits and the matter I have referred herein only substantiates the said fact.

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