SHALIMAR ROPE WORKS LTD Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) Two company applications being C.A. No. 136 of 1996 and C.A. No. 488 of 2002 arising out of a company petition being C.P. No. 229 of 1987 are the subject matter of consideration in an analogous hearing.

(2.) The earlier company application was made by 37 alleged workmen individually making the Official Liquidator, one Champdany Industries Limited, and two trade unions being Shalimar Rope Works Staff and Workers Association and Shalimar Rope Workers Majdoor Union as party respondents therein. They have applied to get an appropriate order of setting aside and/or modification of certain clauses of Memorandum of Settlement and/or agreement dated May 7, 1993 alternatively setting aside and/or modification of the entire Memorandum of Settlement with further alternative to enter into a Memorandum of Settlement and/or agreement afresh. They have further applied for variation or modification of the orders dated September 4, 1992 and May 15, 1993 to make it in consonance with Section 25-FF of the Industrial Disputes Act, 1947 and other social legislations particularly the Industrial Employment (Standing Orders) Act, 1946, Employees' Provident Funds and Miscellaneous Provisions Act, 1952, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972 and/or Rules framed thereunder along with further incidental prayers.

(3.) The subsequent application is arising out of the earlier company application virtually for the purpose of recalling and/or setting aside the order passed by this Court on June 18, 2002, for dismissal of the earlier company application and for other incidental prayers.