2001 (11) TMI 956 - HC - Companies Law

Summary

Issues:
1. Priority of payment to workmen over secured creditors in a company's liquidation process.

Analysis:
The judgment dealt with an application seeking directions to the official liquidator to prioritize settling the claims of workmen over secured creditors in a company's liquidation. The applicant argued that workmen's dues should be paid in full before considering the claims of secured creditors. The court noted that the Companies Act, 1956, as amended by Act 35 of 1985, elevated workmen's dues to be on par with secured creditors in priority during winding up. The court emphasized that the amendment granted workmen the status of secured creditors, by law, ensuring their dues are paid in preference to other debts.

The applicant relied on Section 546 of the Companies Act, which empowers the liquidator to make payments or arrangements with creditors, subject to court approval. However, the court clarified that this power does not mandate full payment to workmen over secured creditors. The judgment highlighted that workmen's dues are to be paid in full only if the assets are sufficient; otherwise, they abate equally with other claims. The court rejected the argument that workmen should be paid in full due to their livelihood concerns, stating that the Companies Act provisions must be followed.

The court dismissed the reliance on case laws related to labor laws, emphasizing the distinction between labor laws and insolvency laws. It clarified that judgments concerning labor issues do not apply to preferential payments in company liquidation under the Companies Act. The court concluded that the earlier order rejecting the application for preferential payment to workmen over secured creditors stands, as the assets were insufficient to meet all liabilities, resulting in a proposed rateable distribution of three paise per rupee to both workmen and secured creditors. The judgment highlighted that the workmen's status as secured creditors does not guarantee full payment if assets are inadequate to cover all dues.

In summary, the judgment clarified the legal framework governing the priority of payment to workmen vis-a-vis secured creditors in a company's liquidation process under the Companies Act, emphasizing the statutory provisions that determine the distribution of assets and rejecting the plea for preferential treatment of workmen's dues over secured creditors based on labor-related case laws.