D.J. EZEKIEL S/O P.D.J. DAS Vs. MANDYA NATIONAL PAPER MILLS LTD., (IN LIQUIDATION) REP. BY THE OFFICIAL LIQUIDATOR ATTACHED TO HIGH COURT OF KARNATAKA KENDRIA SADAN, KORMANGALA BANGALORE

JUDGEMENT

(1.) THE applicant is before this Court seeking for a direction to the Official Liquidator to pay the amount as claimed in the proof of debt submitted in Form No. 66. The applicant has also sought for the payment of gratuity and other allowances in terms of the Voluntary Separation Scheme. Heard the Learned Counsel for the parties and perused the application papers.

(2.) THE case of the applicant is that he was working in the Mandya National Paper Mills limited (hereinafter referred to as the 'Company in liquidation'). The said company was ordered to be wound up. Prior to the same, the applicant had certain dispute with the management of the Company in liquidation relating to his period of service since according to the applicant, he was entitled to the amounts regarding which he had filed the application under Section 33 -C -2 of the Industrial Disputes Act (for short the 'I.D. Act'). In this regard, the applicant had filed three applications viz., Application No. 32/98. Application No. 33/98 and Application No. 30/2000.

(3.) THE respondent has filed the objection statement and the contention is that the applicant had applied under the Voluntary Separation Scheme and he was paid a sum of Rs. 2.21,470/ -. The said amount is said to have been paid on 29.06.2000. It is in that context, the Official Liquidator was of the view that since the amount has already been paid to the applicant, the claim presently made cannot be admitted.