NATIONAL TEXTILE WORKERS UNION Vs. RAMAKRISHNAN

JUDGEMENT

(1.) THIS appeal is filed by the applicant in company application No. 883 of 1981 which was one of the three applications filed by three different unions to implead themselves as parties in Company Petition No. 30 of 1981. The company Petition has been filed for winding up a private limited company under S. 433 (e) and (f) of the Companies Act. The learned Judge dismissed the applications holding that the applicants have no locus standi to oppose the winding up as such and that, therefore, they cannot be impleaded as parties in the petition. In this appeal, the learned counsel for the appellant strenuously contended that the unions represent a large body of workers of the company, that there is a grave threat to their livelihood being affected in case the winding up is ordered and that in order to protect their interests they should be impleaded as parties. In support of this contention, the learned counsel relied on a decision of the Bombay High Court in Bhalchandra Dharmajee Makaji and others v. Alcock Ashdown and Co. Ltd. , and others, (42 Company Cases 190) while disposing of an application for appointment of Official Liquidator or as Provisional Liquidator, pending the hearing and final disposal of the main petition for winding up the Court made the following observations :

(2.) THE learned counsel for the appellant in this connection also cited a decision of the Supreme Court reported in Fertilizer Corporation Kamagar Union v. Union of India, [1981-I L. L. J. 193], wherein the Supreme Court has made the following observations.

(3.) ON the other hand, we have a direct judgment reported in In re Edward Textiles Ltd. (38 Company Cases 284 ). Wherein a learned single Judge of the Bombay High Court, while considering an application for impleading a union in winding up petition, held that the union has no locus standi to oppose the winding up petition though the workers of the company as individual creditors may oppose.