Textile Labour Association vs Ol Of The Ahmedabad Manufacturing ... on 27 August, 2021

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Gujarat High Court

Textile Labour Association vs Ol Of The Ahmedabad Manufacturing ... on 27 August, 2021

Bench: N.V.Anjaria

     C/COMA/17/2021                               ORDER DATED: 27/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/COMPANY APPLICATION NO. 17 of 2021
                In R/COMPANY PETITION NO. 157 of 1995
==========================================================
                TEXTILE LABOUR ASSOCIATION
                           Versus
 OL OF THE AHMEDABAD MANUFACTURING CALICO PRINTING MILLS
                        LTD. (IN LIQN)
==========================================================
Appearance:
MR DS VASAVADA(973) for the Applicant(s) No. 1
MR PATHIK M ACHARYA(3520) for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
                      Date : 27/08/2021
                       ORAL ORDER

Heard learned advocate Mr.D.S.Vasavada for the applicant and learned advocate Mr.Pathik Acharya for the Official Liquidator.

2. The applicant has brought out the Judge's summons to advance the following prayers.

"(i) Direct the Official Liquidator to pay the amount to the 11 workmen as specified in the last column of ANN.D, at 4% interest, after due verification by the Chartered Accountant as and when other workmen of the Company (in liquidation) are paid.

(ii) Direct the Official Liquidator to pay an amount of Rs.15,000 i.e. 75% of Rs.20,000, on line with all the workmen who have been paid the said amount under the order of this Court.

(iii) The amount due and payable to late Shri Maganbhai A. Prajapati may be paid to Manishbhai Maganlal Variya, his son and legal heir, on the same line as it has been paid by order passed in Company Application No.38/2020."

3. The applicant is the representative of Textile Labour Page 1 of 4 Downloaded on : Sun Jan 16 10:51:44 IST 2022 C/COMA/17/2021 ORDER DATED: 27/08/2021 Association which is approved union under the provisions of Bombay Industrial Relations Act, 1946, contained in the Gujarat Industrial Relations Act, 1961.

4. By virtue of order dated 15.7.1998 passed in Company Petition No.157 of 1995, the company named Ahmedabad Manufacturing Calico Mills was wound up. Before the Official Liquidator of the company (In Liquidation), the Textile Labour Association lodged the claim on behalf of the workmen to pay their dues under Section 529 and 529A of the Companies Act, 1956.

4.1 It is stated that amongst the said class of workmen, all hospital staff were left out through inadvertence. Such left out workmen file individual company applications. In order dated 27.7.2019 passed in one such Company Application No.56 of 2019 and allied matters, the Official Liquidator was directed by the Court to get the amount verified. Similar orders were passed in other Company Applications No.31 of 2020. It is further stated that one Manishbhai Maganlal Variya, who was legal heir of workman named Maganlal Prajapati was also paid the amount under Section 529 and 529A of the Act.

4.2 It is further the case that the Official Liquidator has sufficient funds, therefore the Textile lodged the claim towards interest and other dues. The details of such interest claimed and verified by the competent authority is produced at Annexure D as also alongwith reply filed by the Official Liquidator which contained the identical dues.

4.3 The such details in tabular form is reproduced herein under.

Page 2 of 4 Downloaded on : Sun Jan 16 10:51:44 IST 2022

C/COMA/17/2021 ORDER DATED: 27/08/2021 Sr. Name Joining Service One Pending Gratuity Retrenchment Total Interest No Date Years Day Salary Compensation (15-07-

                                              Salary                                                            1998 to
                                                                                                                  27-09-
                                                                                                                  2019)
1   Maganbhai A     01/12/1983           15      75    86775      16875             16875          120525         102284
    Prajapati
2   Saryuben S      01/01/1976           23      75    86775      25875             25875          138525         117560
    Christian
3   Sofainaben S    12/08/1979           19      75    86775      21375             21375          129525         109922
    Christian
4   Helanben B      12/12/1980           18      75    86775      20250             20250          127275         108013
    Macwan
5   Hiraben         01/01/1977           22      75    86775      24750             24750          136275         115651
    Ramjibhai
6   Shantaben       01/03/1967           31      75    86775      34875             34875          156525         132836
    Purushottam
7   Nimuben Devji 27/09/1978             20      75    86775      22500             22500          131775         111832
8   Mukesh Dhana 23/02/1993               5      75    86775          5625            5625          98025           83190
9   Induben         15/08/1984           14      75    86775      15750             15750          118275         100375
    Amarsing
10 Ilaben J         07/04/1990            8      75    86775          9000            9000         104775           88918
   Christian
11 Snehlataben K    07/01/1983           16      75    86775      18000             18000          122775         104194
   Solanki
    TOTAL                                             954525 214875               214875        1384275         1174775


                  4.4    It appears that case of one of the workmen Manishbhai

Maganlal Variya who is represented by his legal heir Maganlal Prajapati was also required to be considered in view of order passed in Company Application No.38 of 2020. The claim of the said workmen was also examined by Chartered Accountant. The Official Liquidator upon notice of the Court appeared and file reply stating inter alia that as per the order dated 21.6.2021 passed by the Court in present application, the Official Liquidator got verified the claim of all eleven workmen through Chartered Accountants M/s. Amal Datt and Associates who was appointed by Official Liquidator by letter dated 30.6.2021. The verification was reported by said Chartered Accountants under Section 530 of the Companies Act, 1956 in respect of the claim Page 3 of 4 Downloaded on : Sun Jan 16 10:51:44 IST 2022 C/COMA/17/2021 ORDER DATED: 27/08/2021 of the workmen. The report was submitted on 24.7.2021, copy of which is produced on record.

4.5 It is stated by Official Liquidator that in view of earlier order passed by this Court in Company Application No.107 of 2013, the Official Liquidator has disbursed the amount of Rs.15,000/- to each of the workmen of the company in liquidation.

5. In view of the report dated 24.7.2021 presently given by Chartered Accountants, as above, having verified the claim, it is stated by Official Liquidator in paragraph No.5 of the reply that the Court may permit the Official Liquidator to disburse the amount of Rs.15,000/- each to eleven workmen including the legal heir of deceased Maganlal Prajapati under Section 530 of the Companies Act, 1956.

6. In view of the above, the Official Liquidator is permitted to disburse the amount of Rs.15,000/- each to the eleven workmen including the legal heir of deceased Maganbhai A. Prajapati in view of verification report dated 24.7.2021 submitted by Chartered Accountant M/s. Amal Datt and Associates. The disbursement shall be under Section 530 of the Companies Act, 1956. The balance claim of all the eleven workmen including the heir of Maganbhai A. Prajapati shall be added in the total claim.

7. The report is disposed of as per the above directions.

(N.V.ANJARIA, J) Manshi Page 4 of 4 Downloaded on : Sun Jan 16 10:51:44 IST 2022

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