D Arjuna Dias and P Ramesh Dias vs Cupid Industries – CA PHC APN 183/2003-2011

In the case between D Arjuna Dias, P Ramesh Dias, and the Assistant Commissioner of Labour, the court addressed the issue of whether directors of a company (in liquidation) could be subjected to a fresh enforceable order without sanction of the District Court, and whether relief by way of revision was available when petitioners had previously accepted liability. It was held that only the enforcement of an existing and unchallenged order had occurred, not the institution of new proceedings, and that the conduct of the petitioners in first accepting, then challenging, the order barred their entitlement to discretionary revision. The principle reaffirmed was that finality in litigation must be upheld and that discretionary relief is unavailable when sought in bad faith. This decision relied o

REF: CA PHC APN 183/2003-2011 Category: Tag:
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