Décision judiciaire de Tribunaux Administratif, 15 novembre 2005 (cas Tribunal Administratif de Lille, 6ème chambre, 15/11/2005, 0502859)
Date de Résolution: | 15 novembre 2005 |
Numéro de Décision: | M. LE MINISTRE DE L'EMPLOI, DE LA COHESION SOCIALE ET DU LOGEMENT |
Juridiction: | Tribunal administratif de Lille |
Nature : | Texte |
Vu la requête, enregistrée au greffe du Tribunal le 4 mai 2005, sous le n° 0502859, présentée pour M. René HODEN élisant domicile 517 avenue de la République, à Marcq-en-Baroeul (59700), par Me Meurice, avocat ; M. HODEN demande au Tribunal d'annuler la décision en date du 8 mars 2005 par laquelle le ministre de l'emploi, du travail et de la cohésion sociale a annulé la décision de l'inspecteur du travail en date du 17 septembre 2004 refusant à son employeur l'autorisation de le licencier ;
Vu l'ordonnance en date du 11 mai 2005 fixant la clôture de l'instruction au 24 juin 2005, en application des articles R. 613-1 et R. 613-3 du code de justice administrative ;
Vu l'ordonnance en date du 1er juillet 2005 fixant la réouverture de l'instruction jusqu'au 31 août 2005, en application des articles R. 613-1, R. 613-3 et R. 613-4 du code de justice administrative ;
Vu la décision attaquée ;
Vu les autres pièces du dossier ;
Vu le décret n° 85-1388 du 27 décembre 1985, relatif au redressement et à la liquidation judiciaires des entreprises ;
Vu le code du commerce ;
Vu le code du travail ;
Vu le code de justice administrative ;
Les parties ayant été régulièrement averties du jour de l'audience ;
Après avoir entendu au cours de l'audience publique du 2 novembre 2005 :
- le rapport de M. Mulsant, président-rapporteur ;
- et les conclusions de Mme Hamon, commissaire du gouvernement ;
Considérant qu'aux termes de l'article L. 621-8 du code du commerce : «Dans le jugement d'ouverture, le Tribunal désigne le juge-commissaire et deux mandataires de justice qui sont l'administrateur et le représentant des créanciers. Il invite le comité d'entreprise ou, à défaut, les délégués du personnel ou, à défaut de ceux-ci, les salariés à désigner, au sein de l'entreprise, un représentant des salariés. Les salariés élisent leur représentant par vote secret au scrutin uninominal à un tour. (...) Lorsque aucun représentant des salariés ne peut être désigné, un procès-verbal de carence est établi par le chef d'entreprise. En l'absence de comité d'entreprise ou de délégué du personnel, le représentant des salariés exerce les fonctions dévolues à ces institutions par les dispositions du chapitre premier.» ;
Considérant qu'aux termes de l'article 15 du décret du 27 décembre 1985, relatif au redressement et à la liquidation judiciaires des entreprises : «Dans les dix jours du prononcé du jugement d'ouverture, le chef d'entreprise, assisté de l'administrateur s'il en a été...
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