Shri Naik, learned advocate for the Company seeks time and request that the matter be posted only on 29/2/2012. His request is accepted on a condition that this matter is pending since long, and therefore, looking to the development of events in this matter and the patience shown by the workmen who have been not paid money since long which are legitimately due to them, doling out of small chunks in between may not absolve the company of its fundamental liability to the workmen in the system which we have adopted. Therefore, the Court is of the considered view that the company shall file an affidavit through its Managing Director / responsible director who is discharging duties of managing director as to what are the actual dues as per the company's calculation payable to the workmen. This figure would be without prejudice to the rights & contentions of all the parties concerned. The matter is posted on 29/2/2012 with specific direction to the company to place on record what is the amount payable to the workmen as on 1/3/2012. This direction is required to be complied with by the director who is discharging duties of managing director, namely Shri Damodarbhai Patel. Failure on the part of said director will amount to defiance of this order, which will be visited with appropriate direction, including that of Contempt of the Court.
The proposed offerers applications are on record and the Court will pass appropriate order on the next date. If the company wants to respond to those applications it may respond.
Office to post this matter on 29/2/2012 along with all connected matters.
[ S.R. BRAHMBHATT, J ] /vgn Top