Gujarat High Court Case Information System
Print
COMA/527/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 527 of 2011
=========================================================
GIRIJABEN
GANGABEN - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR NEW RAJPUR MILLS CO LTD - Respondent(s)
=========================================================
Appearance
:
MR
LN MEDIPALLY for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 16/11/2011
ORAL
ORDER
1.0 The
applicant is workman of company in liquidation.
2.0 The
applicant workman holds an award dated 29th January 1998
passed by the Industrial Court in Appeal (IC) No.12 of 1997 which is
in his favour.
3.0 By
virtue of the said award, the applicant workman is required to be
paid wages with effect from 1st January 1987 and he was
also required to be reinstated. However, since the company is in
liquidation, workman would be entitled to wages from 1.1.1987 to the
date of subsequent termination or the date of winding up order, which
ever is earlier.
4.0 It
appears that the applicant had preferred an application being Company
Application No.5 of 2005 claiming sum of Rs.2,88,044/- in pursuance
of the above said award dated 29.01.1998 passed by the Industrial
Court. The learned company judge passed an order dated 14.10.2005
partly allowing the application and directing the Official Liquidator
to pay, on ad hoc basis, sum
of Rs.10,000/- to get the claim of the applicant duly verified, if
required by the Chartered Accountant and then to make payment at par
with other similarly situated workers whenever the payment to the
other workers is made under Section 529(A) of the Companies Act. The
Court also directed the Official Liquidator to include the
applicant’s name in the list of eligible claimants so that the
applicant workman could be paid at par with other similarly situated
workers whenever the disbursement under Section 529(A) of the Act is
made by Official Liquidator.
5.0
Now the applicant has come forward with a grievance that though six
years have passed after the said order dated 14.10.2005 and all the
workers have already been paid their full dues under Section 529(A)
of the Act, somehow the Official Liquidator has not made any payment
to the applicant workman (except aforesaid amount of Rs.10,000/) that
too despite the direction vide order dated 14.10.2005. It is not in
dispute that the amount payable towards wages and other benefits
under Section 529(A) have been disbursed in favour of other workers
of the company.
6.0
Having regard to the direction given by the Court vide order dated
14.10.2005 and having regard to the fact that despite the said order
the payments have not been made to the applicant workman and the fact
regarding the delay of six years which is caused since the order
passed in Company Application No.5 of 2005, below mentioned
directions are passed.
a)
If the Official Liquidator has not got the claim of the workman
verified by the Chartered Accountant in light of and despite the
earlier order dated 14.10.2005 in Company Application No.5 of 2005,
the Official Liquidator shall immediately get the said work completed
forthwith and without any delay and not later than two weeks;
b) If
the claim of the workman/applicant-worker is not got duly verified by
the Official Liquidator until now despite the said order dated
14.10.2005 then in that event the Official Liquidator shall also pay
additional sum of Rs.1,000/- to the workers towards cost. The said
amount will not be paid from the amount realized from the sale of
property of the company but from the account of his administrative
expenditure;
c) If
the Official Liquidator has already got the claim verified but has
not made the payment until now in accordance with earlier order dated
14.10.2005 along with other workers then in that event the Official
Liquidator shall take necessary steps to make payment to the
applicant workers, after verifying the proof of identity (to be
submitted by the applicant workman) within two weeks from the receipt
of this order. The payment to be made only by E-transfer / Account
Payee cheque directly in the account of the applicant workman;
d) The
payment shall be made having regard to the total payment made to
other similarly situated workers of the company in liquidation until
now;
e) If
despite the completion of job of verification of the applicant’s
claim and the Official Liquidator has failed to make payment then
above referred condition (in clause (b)) regarding payment of cost
will be applicable and shall be paid by the Official Liquidator in
same manner;
f) If
the Official Liquidator has not got the verification of the
applicant’s claim carried out then, as aforesaid the said part of the
requirement will be completed, within two weeks as mentioned above
and payment shall be made within one week after the receipt of the
report of the Chartered Accountant;
g) In
the event the Official Liquidator fails to comply with the
directions, it will be open to the applicant workman to revive
present application by filing appropriate note. In that event the
Officers responsible for delay in complying the order shall be held
personally liable for causing delay and appropriate orders including
the payment of cost from his own fund will be passed by the Court.
7.0
This order is passed because this Court has, in may cases, come
across instances wherein despite the directions by the Court, and
that too repeated directions, the office of the Official Liquidator
does not take steps to comply the directions including the directions
which requires payment to the workers of the company in liquidation
or to complete the preliminary stages/steps which lead to the payment
to the workers. Having regard to the requests made by Official
Liquidator every time such defaults on the part of the Official
Liquidator are condoned after making appropriate observations and
putting award of caution, however, no improvement in the conduct or
the affairs of the office of the Official Liquidator is noticed.
8.0 As
mentioned above, in the present case, even after the delay of six
years since the order was passed by the Learned Company Judge,
Official Liquidator has failed to take any action, and, therefore,
the Court has been compelled to pass order requiring payment of cost
from the funds of the Office of the Official Liquidator;
9.0 With
the aforesaid directions and clarification present application is
disposed of.
[K.
M. THAKER, J.]
Amit
Top