ANAND SYNTHETICS Vs. ANAND SYNTHETICS EMPLOYEES UNION

JUDGEMENT

(1.) This appeal has been preferred against impugned order dated 1 1/05/1993 ordering winding up of the appellant Company and appointing Official Liquidator as the Liquidator of the Company.

(2.) Learned Company Judge in the impugned order had considered the interpretation of the agreement dated 1 9/11/1986 entered into between the Management and the workmen which agreement has admittedly not been honoured by the Management of the appellant Company. Learned Company Judge considered the conduct of the appellant Company in not making payment to the workmen including the plea raised by the appellant Company that the images had become time barred and concluded that in the absence of the termination of service, liability to pay wages under the contract of employment should continue. Learned Company Judge apart from the fact that the Company was unable to pay its debts, came to the conclusion that in view of the dismal picture of the Company, the appellant Company was liable to be wound up even on Just and equitable ground.

(3.) The appeal was initially listed for admission and an order was passed by Division Bench for purposes of settlement of the dues of the workers in terms of the agreement dated 26/11/1986 and a Local Commissioner appointed to do the needful. In view of the fact that the appellant Company did not comply with the undertaking to pay the entire amount due to the workmen, the appeal was dismissed in terms of order dated 1/03/1994. Aggrieved by the said order, the appellant Company approached the Supreme Court by Special Leave Petition. The petition was registered as Civil Appeal No.9256/96 and by order dated 1 5/07/1996, the Supreme Court was pleased to set aside the order of Division Bench dated 1/03/1994 and directed the appeal to be decided in accordance with law on merits.