M EDWARD Vs. COMMISSIONER OF PAYMENTS

JUDGEMENT

(1.) Both the appeals have been heard together and are disposed of by this common order.

(2.) The facts of the case are as follows : The complainants were workmen in the Anglo French Textiles Mill Limited, Pondicherry. The complainant in ANo. 7/97 deposited an amount of Rs. 12,000/- on 24.11.1980 for a periode of three years. The complainant in A. No. 8/97 deposited Rs. 20,000/- on 2.11.1981 and Rs. 10,000/- on 1.2.1983 for a period of two years. Thereafter the mill had become sick and was taken over by the Government of Pondicherry and entrusted to a Corporation created by that Government for further steps. The taking over was by Act No. 7 of 1986 and the appointed day is 24.12.1985. At the time of the taking over, the Government decided that the Undertaking will be paid Rs. 7,65,00,000/- (It is not known how this amount has been fixed).

(3.) That amount was paid not directly to the owner, but to the Commissioner of Payments who was enpowered to disburse all the dues of the erstwhile company according to the provisions contained in the Act to that effect under Chapter-V. The balance was to be remitted by the Commissioner of Payments to the owner. The complainants preferred their claims before the Commissioner of Paymments on 19.9.1991 and their claims were registered under No. 187/32 (A. No. 7/97) and 226/32 and 227/32 (A. No. 8/ 97). They have received no reply. The complainants issued a Lawyer's notice on 29.11.1995 to which the Commissioner of Payments replied on 15.12.1995 saying that since he has not exhausted the first category of creditors, he is not in a position to consider the claims of the complainants who were according to him under Category-Ill. Aggrieved by the action of the Commissioner of Payments, the complainants approached the District Forum with the following prayers : Appeal No. 7/97