The appellant, a former employee of a company in liquidation, challenged the rejection of her claim for terminal benefits. The Court dismissed the appeal, noting the unexplained long delay in filing the claim and the absence of documents to substantiate employment details.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.S.A.No.203 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
O.S.A.No.203 of 2023
P.Pushpa
... Appellant
Vs.
The Official Liquidator As a Liquidator of M/s.Sree Uma Parameswari Mills Limited (in liquidation) High Court, Madras, Corporate Bhavan, 2nd Floor, No.29, Rajaji Salai, Chennai – 600 001.
... Respondent
Original Side Appeal filed under Order XXXVI Rule 1 of Original Side Rules and Clause 15 of the Letters Patent against the order and decree dated 06.01.2023 in Comp.Appln.No.437 of 2022 in Comp.Petn.No.207 of 2003 on the file of this Court.
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O.S.A.No.203 of 2023
| For Appellant | : | Mr.R.Natarajan for M/s.E.Maragada Sundari |
|---|---|---|
| For Respondent | : | The Official Liquidator as a Liquidator of |
| M/s.Sree Uma Parameswari Mills Limited (in liquidation) High Court, Madras, |
||
| Corporate Bhavan, 2ndFloor, No.29, Rajaji Salai, Chennai – 600 001. |
J U D G M E N T
(Judgment was delivered by S.S. SUNDAR, J. )
This Original Side Appeal is directed against the order of the learned Single Judge, dated 06.01.2023, in Comp.Appln.No.437 of 2022 in Comp.Petn.No.207 of 2003, dismissing the application filed by the appellant challenging the order of the respondent rejecting the claim of the appellant.
2.The case of the appellant is that she was appointed in the year 1965
and posted at the Reeling Station as Machine Operator in the company
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O.S.A.No.203 of 2023
under liquidation. It is further stated by the appellant that she resigned from the company on 05.04.1995 and her resignation was also accepted by the employer on the next day, i.e., 06.04.1995. After 13 years, the appellant filed a claim petition before the Official Liquidator in Form-66 and the same was rejected by order which is impugned in the original proceedings before the learned Single Judge.
3.The question is whether any amount is due from the appellant's employer. The appellant's claim appears to be towards terminal benefits. However, there is no explanation for the long delay while making the claim before the Official Liquidator. Since no documents were furnished to substantiate the claim before the Official Liquidator, the Official Liquidator was helpless and therefore, the claim could not be processed by the Official Liquidator. Except the resignation letter submitted by the appellant, no other document was available with the Official Liquidator. It is therefore, the Official Liquidator rejected the claim of the appellant.
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5.An Official Liquidator is a person who is expected to protect the interest of the estate of the company. Merely because the Official Liquidator has no records to confirm the employment details of the appellant, the company cannot be saddled by accepting every claim. This Court has no reason to interfere with the order of the learned Single Judge who has considered every document and every submission of the learned counsel for the appellant while passing the impugned order.
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O.S.A.No.203 of 2023
6.Therefore, for want of merits, this Original Side Appeal is
dismissed. No costs.
(S.S.S.R., J.) (A.D.M.C., J.) 25.10.2024
mkn Internet : Yes Index : Yes Neutral Citation : Yes
To
The Official Liquidator As a Liquidator of M/s.Sree Uma Parameswari Mills Limited (in liquidation) High Court, Madras, Corporate Bhavan, 2nd Floor, No.29, Rajaji Salai, Chennai – 600 001.
Page 5
O.S.A.No.203 of 2023
S.S. SUNDAR, J. and Dr.A.D. MARIA CLETE, J.
mkn
O.S.A.No.203 of 2023
25.10.2024
Page 6
2 issues framed by the court
Whether the rejection of the appellant's claim for terminal benefits by the Official Liquidator was justified due to long delay and lack of substantiating documents?
Whether the High Court should interfere with the Official Liquidator's rejection of a claim due to absence of records?
2 provisions across 2 enactments
P.Pushpa
The Official Liquidator As a Liquidator of M/s.Sree Uma Parameswari Mills Limited (in liquidation)
S.S. Sundar
A.D. Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
