ASHOK GYANCHAND JODHANI Vs. NANARAM SHOBHRAJ MILLS LTD

JUDGEMENT

(1.) Present Judges Summons has been taken out by the applicant - Ashok Gyanchand Jodhani -Ex-Workmen of Company in liquidation i.e. The Nanaram Shobhraj Mills Limited directing the Official Liquidator to verify the claim of the petitioner and to pay the amount of legal dues to the petitioner as per the orders passed by the Labour Court as well as Industrial Court, Ahmedabad.

(2.) It is the case on behalf of the applicant that against termination of the applicant by the respondent Company, applicant approached Labour Court by way of T.Application No.61 of 1986 challenging the order of termination and Labour Court, Ahmedabad by judgment and order dated 10.10.1993 allowed the said T.Application by directing Company to reinstate the petitioner with 50% backwages. It is submitted that against the judgment and award passed by the Labour Court, Ahmedabad dated 10.10.1993, respondent Company preferred Appeal (IC) No.131 of 1993 and it is submitted that even Workmen also preferred appeal before the Industrial Tribunal by way of Appeal (IC) No.117 of 1993. Industrial Tribunal vide judgment and order dated 30.12.1986 dismissed the appeal preferred by the Company and partly allowed the appeal preferred by the petitioner - Workmen by directing to pay 100% backwages from 21.12.1985 and ordering reinstatement of the petitioner. It is the case on behalf of the petitioner that thereafter after obtaining permission from the Company Court as required under section 466 of the Companies Act, petitioner preferred Recovery Application No.394 of 1997 to recover amount under the judgment and award passed by the Labour Court further modified by the Industrial Tribunal. It is the case on behalf of the applicant that Presiding Officer, Labour Court, Ahmedabad vide judgment and order dated 12.02.2009 has allowed the said Recovery Application and directed Official Liquidator of the Company in liquidation to pay Rs.1,99,012/- to the applicant (Rs.1,98,512/- towards backwages from 21.12.1985 to September, 1994 along with cost and Rs.500 towards cost of the recovery application). Therefore, it is requested to pass an appropriate order directing Official Liquidator of the Company in liquidation to pay the said amount.

(3.) It is submitted by Mr.Songara, learned Advocate for the applicant that subsequently the applicant has already submitted statement of claim along with proof of debt to the Official Liquidator, still said amount has not been paid, therefore, applicant has preferred present application.