PRAVIN S SHAH Vs. RASHTRIYA MILL MAZDOOR SANGH

JUDGEMENT

(1.) The present matter was referred to this Division Bench by the Hont>le the Chief Justice of the High Court, Bombay in pursuance to an order of referral passed by Dharmadhikari J. There was a conflicting opinion on the issue raised in the present matter hence the aforesaid referral.

(2.) The issue before us is; Whether sections 529, 529-A, 530 of Companies Act, 1956 read with Rules 6 and 9 of the Companies (Court) Rules, 1959 read with section 35 of the Civil Procedure Code, 1908 empower the Court to award interest to the workmen/employees from the date of winding up order

(3.) The company application has been filed to direct the Official Liquidator of the High Court, Bombay to pay interest @ 12% p.a. or such other amount on the entire dividend to the employees from the date of winding up till the actual payment of the entire amount due and payable to the workers. The above company was ordered to be wound up by an order of this Court dated 21st January, 1983.