RADHESHYAM AJITSARIA Vs. BENGAL CHATKAL MAZDOOR UNION

JUDGEMENT

(1.) These appeals were filed against the final judgments and orders dated 3.3.2004 of the High Court at Calcutta passed in APOT No. 271/2001, APOT No. 162/2001 and APOT No. 272/2001. By the said final judgments and orders, the Division Bench of the Calcutta High Court held that the appellants have to be considered as members of the Nemani Group and are not entitled to receive payments on the ground that the said group being the profounders of scheme and on the ground that the dues shown by themselves had not been adjudicated either by the court or by the Registrar.

(2.) These special leave petitions were filed by M/s Niraj Trading Company, a registered partnership firm represented by one of its partner Shri Krishna Kumar Nemani and six others (known as Nemani Group). These two special leave petitions were filed by members of the Nemani Group against the Bengal Chatkal Mazdoor Union, the Official Liquidator, the Registrar High Court and Baranagore Jute Factory and the other Mazdoor and Employees Union. These petitions were filed against the final judgment and order passed by the Division Bench of the High Court at Calcutta in APOT Nos. 227 of 2001 and 228 of 2001 dated 03.03.2004 whereby the Division Bench has allowed the appeal of contesting respondent No.1 (Bengal Chatkal Mazdoor Union) and set aside the order passed by the learned single Judge dated 08.03.2001 which order had allowed the petitioners M/s Niraj Trading Company and others of Nemani Group to receive one-fourth of the adjudicated claim from the Registrar, Original Side of the High Court at Calcutta upon furnishing a bank guarantee to the satisfaction of the said Registrar of the equivalent amount. The said order was set aside by the Division Bench on the ground that the claim of the petitioners had not been adjudicated and also by ignoring the earlier orders dated 30.11.1998 and 01.12.1998 passed by the Division Bench of the High Court which had held that the claims of the unsecured creditors including the petitioners had been adjudicated.

(3.) These appeals were filed by Bengal Chatkal Mazdoor Union and Baranagore Jute Factory PLC Shramik Sabha respectively against Radheshyam Ajitsaria, Ashok Ajitsaria, Official Liquidator and Registrar, High Court and the Baranagore Jute Factory. The above appeals were filed against the final judgments and orders of the High Court at Calcutta passed in APOT No. 271 of 2001, APOT No. 162 of 2001 and APOT No. 272 of 2001 dated 03.03.2004. The grievance of the appellants in these two appeals are that the Division Bench while allowing the appeals did not consider the case of the Unions and did not direct disbursement of the money to the workers who were members of the Unions.