K K PARMAR Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) The applicants who are company paid staff working in the office of the Official Liquidator have taken out this judges summons seeking direction from this Court to the Official Liquidator to frame a scheme for the payment of remuneration and other terms of employment of the applicants and other Company paid staff in the office of the Official Liquidator on the basis of equal pay and other benefits for equal work as of Central Government Staff and particularly, on the lines suggested in the judgment and order of the Bombay High Court dated 26.04.1994 in Misc. Company Application No. 24 of 1994. The applicants have also prayed for interim direction, during the pendency, formulation and finalisation of scheme to grant monetary benefits as are granted to the Company paid staff of the Official Liquidator, High Court of Bombay under order dated 18.08.2001 of the Bombay High Court or as may be deemed fit and proper by this Court.

(2.) Heard Mr. A.L. Shah, learned advocate appearing for the applicants and the Official Liquidator.

(3.) Mr. Shah has submitted that the applicants are employed in the office of the Official Liquidator. as company paid staff. There are two types of employees working in the office of the Official Liquidator in various High Courts including the office of the Official Liquidator attached to this Court. One type of employees consists of those employees, who are in the employment as employees of Central Government, Department of Company Affairs. The other set of employees are those persons who are not employees of the Government of India, Department of Company Affairs, but who are employed by the Official Liquidator as special or additional staff to help him in the work of liquidation. He has further submitted that this other set of employees is employed by the Official Liquidator under Rule 308 of the Companies (Court) Rules, 1959. They are known as company paid staff and are not the employees of the Government of India, Department of Company Affairs. The Official Liquidator maintained funds for payment of salary, etc. to this Company Paid Staff. The said fund is maintained by the Official Liquidator from the funds available with him from various Companies in liquidation. Though the applicants are in the employment of the office of the Official Liquidator as Company Paid Staff for last several years and are doing similar work for similar number of hours as that of the regular employees of the Government of India, Department of Company Affairs in the office of the Official Liquidator the salaries/emoluments of the Company Paid Staff is much lower and the conditions of service are much inferior than the salaries and emoluments and conditions of service of the Government of India paid employees in the office of the Official Liquidator.