, Outside Liquidator’s jurisdiction to decide veracity of settlement between workman & liquidated co ~ CS GAURAV SHARMA

January 14, 2016

Outside Liquidator’s jurisdiction to decide veracity of settlement between workman & liquidated co

HC upholds Official Liquidator’s (‘OL’) order wherein claim of liquidated co.’s workman (‘Appellant’) was denied, as outside OL's jurisdiction; Appellant had claimed to vitiate the settlement arrived between workmen union and liquidated company with respect to workmen’s arrears of wages, and Court had (in appellant’s previous appeal) directed OL to examine appellant’s claim validity; However, OL had denied such claim on the ground that it had no jurisdiction and Tribunal under Industrial Dispute Act was appropriate forum, HC states “once this Court had issued a specific direction it was incumbent upon the Official Liquidator to examine the validity of such contention and examine the conclusion on merits unless it found it had no jurisdiction to do so”; Thus, holds that OL cannot be faulted to hold that such dispute cannot be adjudicated by him but has to be adjudicated before a competent forum, however, rejects OL’s contention that as there is gross delay on appellant’s part, he cannot raise such a claim before appropriate forum; Holds “this aspect has to be left to the competent Court/ Tribunal to examine whether such claim of appellant can be entertained or not” and advises appellant to approach appropriate forum in accordance with law:Bombay HC at Goa


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