Disposed

Krishi Udyog Karmachari Union Rajasthan Jaipur v. Office Liquidator Attached to Rajasthan High Court

Rajasthan HC30 May 2023CRW/10/2022

Case brief

AI extract

What is this about?

D.B. Bench of Rajasthan High Court dismissed a review petition in a special appeal concerning payment of 5th Pay Commission benefits to discharged employees. The court noted observations made in the original appeal regarding winding up proceedings and losses, but disposed of the review petition without substantive adjudication.

What did the court decide?

The review petition was disposed of with a direction that if winding up proceedings are withdrawn, the appellant may approach the company for revival of claim.

Krishi Udyog Karmachari Union Rajasthan Jaipur Vs… — Company and Corporate | Rajasthan HC (2023)

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[2023/RJJP/012579]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Review Petition No.10/2022

¶4

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D.B. Civil Special Appeal (Civil) No.1/2020

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Krishi Udyog Karmachari Union Rajasthan Jaipur having its said office at Opposite Shalimar Cinema, Near Swami Kumaranand Hall, Jaipur through its General Secretary Sh. Ram Charan Sharma.

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----Review Petitioner/Appellant

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Versus

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Office Liquidator attached to Rajasthan High Court, B- 75/A, Rajendra Marg, Bapu Nagar, Jaipur 302015.

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The State Of Rajasthan, Through Secretary To The Government, Department Of Agriculture, Secretariat, Jaipur.

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The State Agro Industries Corporation Ltd., O.1, Subhash Nagar, Jhotwara Road, Jaipur Through Its Financial Controller And Secretary.

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----Respondents

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For Petitioner(s) : Mr. Abhishek Sharma, Advocate For Respondent(s) : Mr. Sheetanshu Sharma, Advocate

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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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30/05/2023

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This review petition has been filed mainly on the submission that when the appeal was being decided, it was not on records of the case that winding up proceedings were withdrawn. Learned counsel for the petitioner would submit that this Court examined the validity of the order passed by the learned Company Judge on

[2023/RJJP/012579]

[CRW-10/2022]

(2 of 2)

the assumption that such proceedings are pending, therefore, order requires review.

¶22

In the penultimate paragraph of the order under review, this Court observed that learned Company Judge relied upon the provisions contained in Sections 487 and 531 as also Sections 536 & 537 of the Companies Act, 1956 that no additional liability could have been fixed on the company in liquidation for which resolution had already been passed for voluntary winding up. This Court further took into consideration that learned Company Judge has recorded that the company in liquidation was running in great losses and therefore, there was no occasion for the Board of Directors to implement and release the benefit of 5^th Pay Commission to such discharged employees in the absence of availability of adequate funds with the company in liquidation.

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Taking into consideration the aforesaid findings, the appeal was dismissed.

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If in the meantime, the proceedings of winding up are withdrawn, the appellant may approach the Company/Directors for revival of claim.

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The review petition is disposed off.

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(ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

¶27

Karan/67

Krishi Udyog Karmachari Union Rajasthan Jaipur v. Office Liquidator Attached to Rajasthan High Court

Case brief

What is this about?

What did the court decide?

Krishi Udyog Karmachari Union Rajasthan Jaipur v. Office Liquidator Attached to Rajasthan High Court

Case brief

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What did the court decide?

What the court decided

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