The present Judges' Summons has been taken out to direct the Official Liquidator to pay the amount of Rs.14,403/- as per the order passed by the Controlling Authority under the Payment of Gratuities Act, 1972.
Upon hearing Mr.D.C. Vasavada, learned advocate for the applicant and Mr.J.S. Yadav, learned advocate for the Official Liquidator, it appears that the amount is already quantified by the Competent Authority under the Payment of Gratuities Act, 1972 and therefore, the verification by the Chartered Accountant would not be required and the Official Liquidator would be required to consider the claim of the applicant, as admissible towards workers' claim under Section 529A of the Companies Act.
It is submitted by the learned advocate for the applicant that payment has been made to other similarly situated workers and the Official Liquidator is also having sufficient funds.
Under these circumstances, if funds have been disbursed in favour of other similarly situated workers, and there are funds available, the Official Liquidator shall give the same treatment to the claim of the applicant for disbursement of the amount of claim. Proportionate pro rata payment shall be made within two months from the receipt of the order of this Court, by Account Payee Cheque, or by crediting the same in the account of the applicant or his dependent upon production of proper documents.
The application is disposed of, accordingly.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top