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TMI Blog2010 (4) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... n his petition that this order came to be passed. To my mind, the scope of the expression "discharge" used in section 445(3) of the Companies Act, 1956 cannot be taken to mean that all employees, thus, discharged are deemed to have left the insurable employment on attaining the age of superannuation, as required under rule 61 of the ESI (Central) Rules, 1950. Appeal dismissed. - COMPANY APPLICATION NO. 1179 OF 2008 - - - Dated:- 7-4-2010 - SUDERSHAN KUMAR MISRA, J. Rohan Dheman for the Applicant. K.P. Mavi and Mayank Goel for the Official Liquidator. ORDER 1. This application has been moved by the applicant in his capacity as the President of M/s. Wings Wear Lal Jhanda Union on his own behalf as well as on behalf of some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n; (b) an insurable employment; (c) that such insured person should have left the insurable employment on the occurrence of two eventualities: (i) on attaining the age of superannuation, and (ii) that the age of superannuation should have been attained by the insured person after he has been insured for not less than five years. 3. It is the applicant s case that he has been insured vide insurance No. 11-236551 since the year 1964, and therefore, he satisfies the requirement of being insured for not less than five years. As regards the issue of leaving the insurable employment is concerned, admittedly, the age of superannuation, on which he would have left the company, would have come about only on 6-6-2004, i.e., after the date of windin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oyment has come to an end by the order of winding up, which has resulted in non-fulfilment of the requirement under rule 61 of the ESI Central Rules, 1950, thereby depriving him of the benefits of practically a lifetime of employment. Had the order come about after another two years, the applicant would have attained superannuation and thereafter would have been entitled to the benefits of the ESI Scheme by paying a small contribution of Rs. 10 per month. 7. The ground on which this application is predicated is that cessation of employment due to the order directing the winding up of the company amounts to a deemed superannuation of the applicant. I can see no basis in law for this conclusion. It may be that in this case, the applicant ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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