Court No. - 38 Case :- WRIT - A No. - 39674 of 2010 Petitioner :- Rajendra Bahadur Singh Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Sanjay Singh Respondent Counsel :- C.S.C.,Rajnath N. Shukla Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
The petitioner was appointed on the post of Turner in Machine
Shop in Auto Tractors Limited vide order dated 5.1.1983. The
petitioner worked as such till 21.11.1990 when the factory was
closed. The petitioner placed claim relating to his dues which was
refused on the ground that he has not produced “No objection
certificate”. Accordingly, the petitioner has filed this petition
seeking a writ of mandamus commanding the respondents to issue
“no objection certificate” so that his claim may be settled.
The stand of respondent no.1 is that the company is under
liquidation and has been taken over by the official liquidator,
therefore all the dues are to be settled by the official liquidator out
of the proceeds realised from the sale of assets of the company.
From the side of the official liquidator it has been said that entire
record has not been transferred to it and therefore it is not possible
to issue “no objection certificate” and even otherwise as the
company is under liquidation as soon as the assets are sold the
claims of the petitioner along with other claims of the creditors
shall be considered and settled without insisting for no objection
certificate.
In view of the aforesaid facts and circumstances, the writ petition
is disposed of with the liberty to the petitioner to approach the
official liquidator for his claims, in accordance with the procedure
prescribed under the Company Code Rules, 1959. In case the
petitioner so applies and completes the formalities in this regard
the respondent no.4 shall consider the same along with the claim
of the other persons and settle the same at the earliest without
insisting for any “no objection certificate” either from the State
Government or from any other authority.
The writ petition is disposed of.
Order Date :- 12.7.2010
Sazia