B.I.F.R. Vs. KMA LIMITED

JUDGEMENT

(1.) Company Application No. 593 of 2011, filed by an individual Applicant, who was a workman of the company (In Liquidation), seeks a direction against the Official Liquidator, High Court, Bombay, for adjudication of claims of workmen and secured creditors of the company (In liquidation), in accordance with Sections 529A and 530 of the Companies Act, 1956 and payment of dividend accordingly. Company Application No. 620 of 2011 is an application by a trade union claiming to represent 63 members, who were workmen of the company (In liquidation), also for adjudication of the claims of workmen. It also seeks quashing of an adjudication made by Official Liquidator in respect of 11 workmen set out in a resubmitted report, being OLR No. 158 of 2010, of the Official Liquidator and re-adjudication of the claims on the basis of an order and judgment passed by the Industrial Court in Complaint (ULP) No. 144 of 2005 dated 2 July 2005.

(2.) The facts of the case may be briefly set out as follows:

(3.) I have heard Mr. Ganguli and Mr. Naidu, learned Counsel appearing for the Applicants in the two company applications, Ms. Doshi, learned Counsel appearing for Kamani Employees' Union (the registered Union which was party to the consent terms) and the Official Liquidator for the company.