BIKRAMADITYA MISHRA Vs. OFFICIAL LIQUIDATOR ROHTAS INDUSTRIES

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and learned Counsel for the Official Liquidator.

(2.) This appeal is directed against the order of the learned Company Judge dated 24.12.2009 passed in Company Petition No. 3 of 1984 (in the matter of Rohtas Industries) whereby an application filed by the Appellant seeking a direction to the Official Liquidator to calculate and pay the arrears of minimum wages and statutory bonus on the basis of rates as notified and published under the Minimum Wages Act for the period 1.1.1996 till he served as a daily wage workman, has been rejected.

(3.) The claim of the Appellant has arisen on account of orders passed by the learned Company Judge in this case on 8.4.2005/21.4.2005 directing the Official Liquidator to pay wages for each day's work as per notification issued under the Minimum Wages Act to the employees including the manual workers engaged on daily wages. The claim is also based upon a subsequent order of the learned Company Judge dated 12.12.2008 passed in I.A. No. 4987 of 2008 whereby claim of employees working on daily wages under the company in liquidation totaling 40 in all, for payment of arrears of minimum wages and statutory bonus in accordance with law for the period from 1.1.1996 was allowed. The Official Liquidator as per direction of the learned Company Judge calculated their dues since 1.1.1996 and has accepted their claim for arrears under the Minimum Wages Act as well as for payment of statutory bonus as per provisions of Payment of Bonus Act.