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TMI Blog2009 (3) TMI 567X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant. As such, the appellant is entitled to his salary up to 31-10-1994, at par with other similarly situated workers, at the relevant point of time. For the aforesaid reasons, the appeal is partly allowed. The Official Liquidator is directed to pay a sum of ₹ 2,24,092 as full and final payment of arrears of salary up to 31-10-1994, as given to other similarly situated workmen, within a period of four (4) weeks from today. The appeal is accordingly disposed of. The appellant is entitled to costs quantified at ₹ 500 (rupees five hundred only) which shall be paid by the Official Liquidator. - O.J. APPEAL NO. 147 OF 2008 IN COMPANY APPLICATION NO. 538 OF 2007 - - - Dated:- 4-3-2009 - D.A. MEHTA AND SMT. ABHILASHA KUMARI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il Nadu Shops and Establishments Act, 1947. 6. The order of termination was challenged by the appellant in the court of the Deputy Commissioner of Labour, Coimbatore, being the appellate authority under the Tamil Nadu Shops and Establishments Act, 1947, as the appellant was posted in Coimbatore at the time of termination of his service. The order of termination was set aside by the said authority, vide order dated 31-10-1991. On the basis of the order dated 31-10-1991, of the appellate authority, the appellant moved the Labour Court, Coimbatore, by way of Computation Petition No. 106 of 1991 under section 33C(2) of the Industrial Disputes Act, 1947, claiming a sum of Rs. 23,892 towards the salary for the periods from June, 1990 to Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preferential treatment. That the appellant will be paid at par with the other workers of the company and he cannot claim priority to the exclusion of the secured creditors and other workers and, therefore, the appeal deserves to be dismissed. 10. Mr. Kunan B. Naik, learned advocate for M/s. Trivedi and Gupta for respondent No. 3, has submitted that the appellant is not prejudiced by any order of the court and therefore this appeal is not maintainable. That payments are to be made to the secured creditors and workers upon winding up of a company and no payment can be made, or claimed, de hors the provisions of the Companies Act, as is being done by the appellant. That the claim made by the appellant from 1-7-1990 to 31-10-1994, is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of the record. 13. The admitted position is that the services of the appellant was terminated on 9-7-1990, before the company was wound up. The order of termination was challenged by the appellant before the Appellate Authority under the Tamil Nadu Shops and Establishments Act, 1947 and the said termination was set aside by order dated 31-10-1991, i.e., prior to the date of closure. The appellant was thus an employee at a point of time when the company was functional. The appellant thereafter moved the labour court under section 33C(2) of the Industrial Disputes Act, 1947, and his computation petitions for the claim of salary filed from time to time were allowed. The arrears of salary were directed to be recovered as arrears of lan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g allowed by the labour court. In this factual scenario, the provisions of the Companies Act will not be applicable to the case of the appellant, as contended by learned counsel for the respondents. The judgments cited at the Bar are also not relevant, in the peculiar facts and circumstances of the case. The case of the appellant cannot, therefore be equated with a debtor after winding up. His claim for salary is based on the illegal termination of his services, which order was set aside, meaning thereby, that status quo ante, qua the services of the appellant was restored regarding the service conditions of the appellant. As such, the appellant is entitled to his salary up to 31-10-1994, at par with other similarly situated workers, at t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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