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COMA/29/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 29 of 2010
In
OFFICIAL
LIQUDATOR REPORT No. 38 of 2000
=========================================================
JOSHUA
V CHRISTIAN - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF M/S PIONEER EQUIPMENTS PVT LTD - Respondent(s)
=========================================================
Appearance :
PARTY-IN-PERSON
for Applicant(s) : 1,
MR HIREN MODI
for OFFICIAL LIQUIDATOR for Respondent(s) : 1,
MR NITIN K MEHTA
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 02/03/2010
ORAL
ORDER
Present
Judge’s Summons has been taken out by the applicant claiming the
amount on the basis of the order passed by the Labour Court in
Recovery Application No.274 of 2009, as an employee / worker of M/s.
Pioneer Equipments Pvt. Ltd. (in liquidation).
It
is the specific case on behalf of the applicant that he was the
employee of M/s. Pioneer Equipments Pvt. Ltd. (in liquidation).
However, when the recovery application was submitted, it was against
Pioneer Foundry and therefore, the applicant submitted an
application for amendment / review application which was granted and
in place of M/s. Pioneer Foundry in the recovery certificate / in
the order passed by the Labour Court, it is directed to be mentioned
as M/s. Pioneer Equipments Pvt. Ltd. It is the case on behalf of the
applicant that despite the same, the claim of the petitioner arising
out of the order passed by the Labour Court passed in aforesaid
recovery application is not considered by the Official Liquidator.
On
the other hand, it is the case on behalf of the Official Liquidator
that as such, there is nothing on record that applicant was the
employee / worker of M/s. Pioneer Equipments Pvt. Ltd. as the name
of the applicant does not figure in the list submitted by the Union.
It is further submitted that even the order passed in review
application is nullity as there was no permission to join the
Official Liquidator as party to the said review application /
recovery application submitted by the petitioner as required under
Section 446 of the Companies Act. Therefore, as such, Official
Liquidator is denying that the applicant was the employee of M/s.
Pioneer Equipments Pvt. Ltd.
Petitioner,
party-in-person, has submitted that he has got ample documentary
evidences to suggest that he was the employee of erstwhile M/s.
Pioneer Equipments Pvt. Ltd. and he can satisfy the Official
Liquidator.
In
view of the above, let the applicant approach by way of an
application to Office of the Official Liquidator along with
supporting documentary evidence to suggest / show that applicant was
an employee of erstwhile M/s. Pioneer Equipments Pvt. Ltd. within a
period of 4 (four) weeks from today and on receipt of such
application, along with the documentary evidence, if any, Official
Liquidator is directed to consider the claim of the applicant and
the status of the applicant and find out whether in-fact applicant
was the employee of erstwhile M/s. Pioneer Equipments Pvt. Ltd.(now
in liquidation) or not and the said exercise is to be completed
within a period of 6 (six) weeks from the date of receipt of the
application along with supporting documentary evidence, if any, and
communicate the outcome of the same to the applicant immediately. If
it is found that applicant was the employee of M/s. Pioneer
Equipments Pvt. Ltd., in that case, the claim of the applicant be
considered along with other employees / workers of the M/s. Pioneer
Equipments Pvt. Ltd. in accordance with law and on merits. If the
applicant is aggrieved by any decision, in that case, it will be
open for the applicant to approach this Court by way of an
appropriate application which shall be considered in accordance with
law and on merits.
Present
Judge’s Summons is disposed of accordingly.
(M.R.SHAH,
J.)
(ashish)
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