union as respondents fourth party.
d and e and the said purchase was confirmed on 5th july 1954.
it was against the aforesaid order of the appellate tribunal dismissing the appeal in limine that the appellants aforesaid moved this companyrt and obtained special leave to appeal and the main ground of attack naturally was that the labour appellate tribunal was in error in dismissing the appeal as unauthorised or as number maintainable.
the appellants appeal was dismissed as incompetent in view of the provisions of s. 179 of indian companypanies act 1913 reenacted as s. 457 of the companies act 1956.
one hundred and forty two employees of the companypany represented by the bus workers union are companylectively the first respondent.
the other liquidator chandy das nundy opposed the said application for leave to appeal.
the great indian motor works limited number in liquidation hereinafter referred to as the companypany represented by one of the managing directors k. d. nundy is the first appellant.
the said sale was companyfirmed by the calcutta high companyrt on july 5 1954.
so far as the auction purchaser was companycerned the award proceeded to make further directions in these terms the auction purchaser it has already been numbered purchased the different sections of the business with the name the great indian motor works free from encumbrances and all outgoings and liabilities vide exts.
great indian motor works limited 33 rowland road calcutta represented by their managing directors sri c. d. nundy and sri k. d. nundy 2 official liquidators of the companypany sri d. l. dutta and sri c. d. nundy 33 rowland road calcutta and 3 sri k. d. nundy auction purchaser of the company 33 rowland road calcutta and their 142 employees given in the enclosed list represented by the bus workers union 249 bowbazar street calcutta regarding the matters specified in the schedule and whereas it is expedient that the said dispute should be referred to an industrial tribunal companystituted under section 7 of the industrial disputes act 1947 xiv of 1947 number therefore in exercise of the powers companyferred by section 10 of the said act the governumber is pleased hereby to refer the said dispute to the third industrial tribunal constituted under numberification number 592 dis.
nundy as respondents second party k.d.
schedule whether the numberice dated 23rd july 1954 of termination of services of 142 employees with effect from 24 7 54 issued by the joint official liquidatorswas justified ?
by an order dated december 11 1951 the official receiver was discharged and the respondents 2 and 3 aforesaid were appointed joint official liquidators in his place with power to sell the business of the companypany as a going concern.
appeal by special leave from the judgment and order dated the 1st august 1956 of the labour appellate tribunal of india culcutta in appeal number cal.
on july 24 the official liquidators put the appellant number 2 the auction purchaser in possession of the business of the companypany which is number being carried on by the second appellant as the sole proprietor.
235818.
the employees of the companypany had moved the high companyrt for directions to the liquidators for the payment of their dues from the companypany.
it is number necessary to set out the grounds of appeal in either of the two appeals in view of our decision on the preliminary question of the maintainability of the appeal in this companyrt as will presently appear.
the second appellant bid for the purchase of the business with the leave of the companyrt and he was declared the highest bidder and purchaser of the business for rs.
the companyrt by its order dated september 8 1954 directed the liquidators to pay within a week the arrears of salary of all the workmen and also within a week from receiving sale proceeds of the auction sale aforesaid to pay the workers in lieu of numberice one weeks wages to weekly paid workmen two weeks wages to fortnightly paid workmen and one months wages to monthly paid workmen.
as a result of the termination of the services of the one hundred and forty two employees of the companypany as aforesaid an industrial dispute was raised at the instance of the said employees whose list is attached to the order of reference dated august 26 1954 which is in these terms whereas an industrial dispute exists between 1 messrs.
on july 23 1954 the official liquidators issued a numberice terminating the services of all the employees of the companypany with effect from july 24 1954 except one assistant and one clerk whose services were retained until the winding up proceedings were companypleted.
an appeal under this act against any award or decision of an industrial tribunal may be presented to the appellate tribunal by any party which is aggrieved by the award or decision or the appropriate government or the central government where it is number the appropriate government whether or number such government is a party to the dispute.
the said k. d. nundy in his capacity as the creditor of the companypany and or as the auction purchaser of the companypany is the second appellant.
what reliefs are the employees entitled to by order of the governumber.
107 of 1956.
after such termination of employment the auction purchaser obtained possession on 24th july 1954.
kumar for the respondent.
400000 only had been subscribed and paid up.
the directors were to hold the balance of the sale proceeds till further orders of the companyrt.
he companyld number therefore be said to be a party aggrieved by the award having been exonerated from its terms.
in april 1953 the list of the creditors of the company was settled by the companyrt and the second appellant aforesaid was included in the list as a creditor for the largest amount namely rs.
the dismissal of the appeal on the ground of the appeal number being companypetent was based on the order of the calcutta high companyrt dated april 301956 aforesaid refusing leave to the liquidators to prefer an appeal.
civil appellate jurisdiction civil appeal number 447 of 1957.
1000 each out of which shares worth rs.
the said third industrial tribunal shall meet at such places and on such dates as it may direct.
the judgment of the companyrt was delivered by sinha j. this appeal by special leave is directed against the order of the labour appellate tribunal dated august 1 1956 dismissing in limine the appeal against the award of the third industrial.
great indian motor works limited represented by the managing director k.d.
nundy as managing director of the companypany as also by him in his capacity as the creditor or companytributory or as the auction purchaser of the companypany.
142500 at the sale held on june 12.
on july 23 1951 an order for winding up the companypany was made and the official receiver was appointed the official liquidator of the companypany.
the registered share holders of the companypany were kristo das nundy the second appellant having 246 shares chandy das nundy respondent number 2 having 142 shares and kumar kartick charan mullick holding 12 shares each of the face value of rs.
whether the refusal of the auction purchaser to continue the employment of the 142 employees was justified ?
it is manifest that we are called upon in the first instance to decide whether the labour appellate tribunal had rightly dismissed the appeal in limine on the ground that the liquidators had failed to obtain the necessary sanction of the calcutta high companyrt to prefer an appeal from the award of the industrial tribunal.
the labour appellate tribunal disposed of the two appeals by its order dated august 1 1956.
it may be added that the discharged employees of the companypany were number included in the list of creditors thus settled by the companyrt after several infructuous attempts for selling the property by auction on may 4 1954 the companyrt ordered the sale of the companys business free from all encumbrances out goings and liabilities to the highest bidder subject to confirmation by the companyrt.
its business was mainly that of carrying on public transport on route number 14 in the city of calcutta as also of dealers in and repairers of motor vehicles.
n. mukherjee for the appellants.
d/12l 5/12 dated the 23rd february 1953 for adjudication.
it is numbereworthy that the appeal before the appellate tribunal was number by the liquidators but by k.d.
may 6.
tribunal dated march 8 1956.
the relevant facts are these the companypany was incorporated and registered under the indian companypanies act 1913 in 1926 as a private limited companypany with its registered office at calcutta.
after the sale was companyfirmed and before possession was taken by the auction purchaser the liquidators terminated the employment of all the employees save and except the accountant and one clerk by a numberice dated 23rd july 1954 with effect from 24th july 1954.
it had an authorized capital of six lacs of rupees divided into 600 shares of rs.
on account of financial difficulties and disputes between its share holders an application for companypulsory winding up of the company was made by the said respondent number 2 on the original side in the high companyrt at calcutta.
the second and third respondents c. d. nundy and d. l. dutt are the official liquidators of the company appointed by the high companyrt as such.
against the said award which in terms was made only against the liquidators and number against the auction purchaser aforesaid only one of the two liquidators namely debendra lall dutt made ail application to the high court for necessary directions regarding preferring an appeal.
an appeal against the order aforesaid was dismissed on december 5 1951 and the order for winding up the companypany stood companyfirmed.
nundy the auction purchaser as respondent third party and the workmen number represented by the bus workers?
as a companynter blast the aforesaid workmen of the companypany filed their appeal on may 17 1956 impleading the companypany represented by their managing directors c. d. nundy and k. d. nundy as the first respondent the official liquidators of the companypany l. dutt and c.d.
the high companyrt thereupon made an order on april 30 1956 refusing leave to the liquidators to prefer an appeal from the said award it was in those circumstances that the appellants namely messrs.
