(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) By way of this Appeal the appellant has challenged the order dated 03rd October, 2007 passed by the learned Single Judge. The learned Single Judge has disposed of the application submitted by the appellant by which the appellant has sought direction against the Official Liquidator to make the payment of backwages with interest at the rate of 12% per annum as per the award of the Labour Court.
As per the case of the appellant he was serving in the Company viz. Gujarat Steel Tube Limited, which is subsequently wound up. While the appellant was in service, his services were terminated by the Company. The said termination order was challenged by the appellant and the dispute was referred to the Labour Court being Reference (LCA) No.1357 of 1989. The Labour Court passed an order in favour of the appellant on 10th March, 1999 by which reinstatement was refused, but awarded backwages with interest. On the basis of the said award, the appellant moved an application being Company Application No.415 of 2007 in Company Petition No.07 of 2001 requesting the learned Single Judge to give appropriate direction to the Official Liquidator to make the said payment on the basis of the award passed by the Labour Court.
Before the learned Single Judge it was submitted by the Official Liquidator that Official Liquidator would like to challenge the award of the Labour Court by which backwages was granted in favour of the appellant.
The learned Single Judge disposed of the Company Application No.415 of 2007 by observing that it would be opened for the Official Liquidator to challenge the order of the learned Single Judge. The learned Single Judge was of the opinion that since the Official Liquidator wanted to challenge the award at such stage, no direction is required to be given to the Official Liquidator to make the payment as per the award of the Labour Court. The learned Single Judge has also observed that in case the Official Liquidator fails to take out appropriate proceedings within four weeks, then the appellant would be at liberty to move the Court again.
Learned counsel for the appellant point out that subsequently the order of the Labour Court was challenged by the Official Liquidator by way of Special Civil Application No.2330 of 2008. The learned Single Judge of this Court dismissed the said petition. The learned Single Judge observed in paragraph 5 that award passed against the erstwhile management is binding to the Official Liquidator as the Company is ordered to be wound up and the award is required to be implemented by the Official Liquidator in favour of the respondent-workman. Learned counsel for the appellant placed on record copy of the said order. Considering the same, now the Official Liquidator is required to make necessary payment to the concerned workman. The learned Single Judge has also given liberty to the appellant to make appropriate application again.
Considering this, the present appeal is disposed of with liberty to appellant to move before the learned Single Judge in view of the subsequent development for necessary direction against the Official Liquidator in connection with payment to be made as per the award passed by the Labour Court, which has now become final. In case if any application is preferred, learned Single Judge may consider the same considering the earlier order passed by the learned Single Judge as well as order passed by this Court dismissing the writ petition filed by the Official Liquidator.
Subject to the aforesaid, present appeal stands disposed of.
(P.B.
Majmudar, J) (Mohinder Pal, J) Anup Top