1. When present application was circulated for the first time and when it was called out and taken up for hearing, learned advocate for the applicant was not present.
2. However, considering the submissions made by the learned advocate for the Official Liquidator, the proceedings were adjourned to today.
3. Today, the Official Liquidator has filed report dated 24/01/2012. In the said report, the Official Liquidator has inter alia mentioned that:
"4. M/s.
Amal Dutt and Associates, Chartered Accountants again vide letter dated 26th February 2011 intimated the Official Liquidator that the workers union have not yet provided any detail to them. Hereto annexed and marked Annexure "C" is copy of the letter dated 26th February 2011. in this connection the Official Liquidator vide letter dated 7th March 2011 again requested the workers union to submit necessary details to the Chartered Accountants so that the claims of the workers can be verified at the earliest and the Chartered Accountants can submit verification report in the office of the Official Liquidator. Hereto annexed and marked Annexure "D" is copy of the letter dated 7th March 2011.
5. It is most respectfully submitted that the workers union have till date not submitted necessary detail as called for by the Chartered Accountants vide letter dated 11th February 2011 and have preferred present application. In view of the letter dated 11th February 2011 of the Chartered Accountants and letter dated 23rd February 2011 of the Official Liquidator, this Hon'ble Court may be pleased to direct the applicant union to furnish details as called for by the Chartered Accountants vide letter dated 11th February 2011 so as to enable the Chartered Accountants to complete the work of verification of claim of the workers of the company and submit report in the office of the Official Liquidator.
6. It is further most respectfully submitted that the Official Liquidator is having fund of Rs.4,54,03,479/- in the said company's A/c. As on 20th January 2012. The Official Liquidator further most respectfully submits that GIIC, GSFC and State bank of India, are the secured creditors of the company. Therefore, this Hon'ble Court may be pleased to direct the applicant to implead the secured creditors of the company party in the present proceedings and they may be heard in the matter."
4. It appears from the aforesaid details mentioned by the Official Liquidator in the report dated 24/01/2012 and on consideration of the allegations made by the advocate of the applicant in his letter dated 05/10/2011, that the union and the Official Liquidator are passing on the buck to one another.
5. Both are claiming that the details are supplied.
6. The union seems to be claiming that the details are supposed to be with the Official liquidator and they are asking the Official Liquidator to provide the details to the Chartered Accountant. It seems that the union has not taken into consideration the fact that it is not demanding any details from the employer and/or it is not in litigation with the employer and that therefore it is neither proper nor of any help to take a stand-as it would take with an employer while in litigation-that the documents should be (and therefore are) in his possession.
7. The union is also overlooking and ignoring the fact that the Official Liquidator will get only those documents and record in his possession which would be available in the premises of the company when Official Liquidator starts taking possession after the order appointing provisional liquidator and directing him to take possession of assets and the document is passed.
8. Therefore, the possibility that the complete record is not available with the Official Liquidator cannot be ruled out.
9. Under the circumstances it is always necessary and appropriate in such case that the Official Liquidator and the workers/union representing the workers may work in tandem and with co-operation (instead of hurling allegations) and they should put together all details and records which are respectively available.
10. The action of passing the buck to one another and holding the other side responsible for meeting with the requirements put forward by the Chartered Accountant would not lead the Official Liquidator or the workers anywhere and ultimately the Chartered Accountant would not be able to complete his task for want of necessary details.
11. It appears that both the Official Liquidator and the workers/applicant union, more particularly the union (who instead of trying to collect all relevant and necessary documents-whatever available from its members-is throwing blame and responsibility on Official Liquidator) are ignoring this aspect and unfortunately it is the workers who are suffering because of this delay.
12. Under the circumstances two weeks' time is granted to the Official Liquidator and union.
13. During the said period the Official Liquidator may put together the entire material which is available respectively in his office and with the union/workers and the said compilation may be forwarded to the Chartered Accountant.
14. While forwarding the said details, the Official Liquidator shall request the Chartered Accountant to complete the remaining verification and submit the report within three weeks.
15. In the event of any difficulty or need for any further direction or clarification, it would be open to the workers or the Official Liquidator to take out appropriate application.
16. With the aforesaid clarification, present application is disposed of.
(K.M.THAKER, J.) (ila)